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Scott Graham

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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April 01, 2021 | The Recorder

Ex-PTO Director Andrei Iancu Returning Home to Irell

The firm's top-notch lawyers and track record of success, plus the chance to rejoin friends and colleagues, was too good to pass up, the firm's former managing partner said.

By Scott Graham

4 minute read

March 26, 2021 | The Recorder

The Case for AI as Named Inventors

On April 6, Ryan Abbott of the University of Surrey School of Law will be arguing an appeal of the USPTO's rejection of a patent application that named only a machine as the inventor. Abbott says if the legal system doesn't allow AI-generated output to be protected, people will not be encouraged to develop innovation using artificial intelligence.

By Scott Graham

6 minute read

March 26, 2021 | Law.com

Skilled in the Art: The Case for AIs as Named Inventors + A COVID-Era Jury Verdict Arrives at the Federal Circuit + New Resources for Tracking Patent Cases

Let's hear the arguments for allowing artificially intelligent machines to be named inventors on patents, from the law professor who'll be presenting the case next month.

By Scott Graham

12 minute read

March 24, 2021 | The Recorder

White & Case Wins Trade Secrets Injunction in Ophthalmic Diagnostics Dispute

U.S. District Judge Saundra Brown Armstrong invoked the Defend Trade Secrets Act in issuing a preliminary injunction to Carl Zeiss Meditec Inc.

By Scott Graham

3 minute read

March 24, 2021 | Texas Lawyer

How a 1990s Decryption Patent Cost Apple $308.5 Million

A Goodwin Procter team led by Douglas Kline persuaded a Texas jury that Personalized Media Communications holds a patent on foundational decryption technology still in use today by many companies.

By Scott Graham

7 minute read

March 22, 2021 | National Law Journal

Desmarais Expands to Washington, Beefs Up ITC Practice

Three partners from Troutman Pepper, led by Goutam Patnaik, will add to the IP boutique's presence at the International Trade Commission. Partner Justin Wilcox is relocating from New York to manage the office and step up D.C.-area recruiting.

By Scott Graham

3 minute read

March 19, 2021 | Law.com

Skilled in the Art: A Pregame Discussion on AIs as Inventors + Gibson Dunn Gets an Assist From Judge Davis + Not Even a COVID-Based Mistrial Can Stop This Hogan Team

The Eastern District of Virginia hears argument March 29 on whether an artificially intelligent machine can be a named inventor on a patent. We've got a pregame Q&A.

By Scott Graham

13 minute read

March 18, 2021 | Texas Lawyer

How the Western District of Texas Became a Patent Hot Spot

The Western District of Texas Patent Blog's Joseph Abraham and Mark Siegmund explain how Judge Alan Albright became the nation's busiest patent judge, and compare local rules and juries in the Eastern and Western Districts.

By Scott Graham

10 minute read

March 16, 2021 | National Law Journal

Federal Circuit Judge Takes Senior Status: 'A Good Time to Create a Place for Someone Else'

Judge Evan Wallach's departure opens the first vacancy for the Biden administration on the nation's patent appellate court. The judge plans to continue hearing Federal Circuit cases while also sitting by designation on district courts.

By Scott Graham

6 minute read

March 12, 2021 | National Law Journal

Federal Circuit Backs PTO's Broad Discretion Over AIA Challenges

"The Director is permitted, but never compelled" to grant America Invents Act petitions challenging patent validity, the court rules. It's a blow to tech companies that argue they're wrongly being denied access.

By Scott Graham

4 minute read