Scott Graham

Scott Graham focuses on intellectual property and the U.S. Court of Appeals for the Federal Circuit. He writes ALM's Skilled in the Art IP briefing. Contact him at [email protected].

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May 05, 2021 | The Recorder

Pfizer, BioNTech Lose Early Bid to Toss COVID Vaccine Patent Suit

The drugmakers had argued that their alleged use of a patented fluorescent protein to identify COVID-19 antibodies is protected by a safe harbor provision that covers the FDA approval process. Troutman Pepper lawyers persuaded U.S. District Judge Marilyn Huff that the safe harbor provision should not apply, at least not at this early stage of litigation.

By Scott Graham

3 minute read

May 03, 2021 | National Law Journal

Supreme Court Asks SG's Views on Patent Eligibility—Again

For the third time in three years, the Supreme Court is asking the solicitor general whether it's time to revisit Section 101 of the Patent Act, this time in an automotive engineering case. Eligibility is one of the most controversial areas of patent law.

By Scott Graham

4 minute read

April 30, 2021 | Law.com

Skilled in the Art: IDEA Act Gets (Some) Bipartisan Support + Sen. Leahy Would Like a PTO Director Who Follows the Law + Pfizer and BioNTech Seek Immunity From Vaccine Suit

The Senate—maybe—can come together for Senator Hirono's IDEA Act.

By Scott Graham

9 minute read

April 28, 2021 | National Law Journal

Should IP Rights Be Suspended for COVID Vaccines? A Q&A With University of Houston's Sapna Kumar

Though she considers herself "far from a pharmaceutical industry apologist," Kumar sees a few reasons to be skeptical of the broad waiver that India, South Africa and other countries are seeking from the WTO's TRIPS agreement.

By Scott Graham

10 minute read

April 26, 2021 | Texas Lawyer

Kirkland Saves Network Security Client From Potential Patent Ruin

Partners Adam Alper and Michael De Vries represented APCON Inc. against a larger competitor that was seeking to shut down the company. Rather than pursue delays, APCON went to trial quickly and ended up invalidating all of Gigamon Inc.'s asserted patents.

By Scott Graham

3 minute read

April 23, 2021 | Law.com

Skilled in the Art: Intel Regains Some Mojo in Waco + The Senate IP Subcommittee and the IDEA Act Are Back + Breaking Down Google v. Oracle With Berkeley Law

Intel escapes its second trial in Waco, while unveiling its attack on the first trial's $2 billion verdict.

By Scott Graham

11 minute read

April 23, 2021 | The Recorder

Is the Supreme Court's Latest Fair Use Decision Really About Copyrightability?

Google's Supreme Court advocate and amici curiae on both sides analyzed the meta-reasoning in Google v. Oracle at a Berkeley Center for Law and Technology webinar.

By Scott Graham

4 minute read

April 21, 2021 | Texas Lawyer

Intel Escapes Second VLSI Trial With Zero Damages

VLSI was seeking nearly $3 billion on top of the $2.175 billion verdict it won earlier this year. But this time a jury found that Intel did not infringe the VLSI patents, handing a win to Wilmer Cutler Pickering Hale and Dorr.

By Scott Graham

3 minute read

April 21, 2021 | National Law Journal

Supreme Court May Be Stuck With Patent Doctrine It Never Developed

The justices sounded disinclined Wednesday to throw out the doctrine of assignor estoppel. But there seemed to be no shortage of ideas for modifying it.

By Scott Graham

6 minute read

April 20, 2021 | Texas Lawyer

VLSI Drops Its Latest Patent Demand Against Intel to a Mere $2.8 Billion

Even $800 million might be appropriate, Irell's Morgan Chu suggested during closing arguments in the latest case brought by Fortress Investment-backed VLSI Technology. Wilmer partner William Lee said VLSI should recover nothing, and that Chu was trying to distract jurors by calling his witnesses liars.

By Scott Graham

5 minute read

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