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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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January 19, 2021 | National Law Journal

Andrei Iancu Formally Bids Farewell to USPTO

Nominated by President Donald Trump in 2017, Iancu says he gave the agency his all and will be leaving a piece of his heart behind with it.

By Scott Graham

4 minute read

January 15, 2021 | Law.com

A Different Kind of Cost Shifting in Google v. Oracle + Sizing Up the CASE Act + Nothing Runs (the Table) Like a Deere

We're coming up on two years that Google v. Oracle. has been pending before the Supreme Court. The clash over copyrightability, fair use and Java application programming interfaces arrived at the high court (for the second time) with Google's cert petition on January 24, 2019.

By Scott Graham

12 minute read

January 14, 2021 | The Recorder

Tech Giants Try to Keep Inventors Away From Their PTO Challenge

Wilmer Cutler Pickering Hale and Dorr's Mark Selwyn told Judge Ed Davila on Thursday that Apple, Cisco, Google, Intel and Edwards Lifesciences are trying to "reinvigorate" the America Invents Act, while an inventor group seeking to intervene would shut it down. The inventors say they want a seat at the table when it comes to AIA rules.

By Scott Graham

5 minute read

January 12, 2021 | National Law Journal

Cox May Have to Pay Twice for 2,200 Pirated Songs

The company has forfeited the chance to prove it's wrongly paying an extra $220 million for contributory copyright infringement. Judge Liam O'Grady backtracked from a previous order that said determining duplicate recordings and compositions would be a ministerial act.

By Scott Graham

3 minute read

January 11, 2021 | Texas Lawyer

This Patent World Is Big Enough for the Two of Us, Gilstrap Tells Chinese Court

Ericsson and Samsung are suing each other over 4G and 5G licensing in Texas and in China, respectively. Gilstrap ruled Monday that the suits can proceed in parallel, and that if the Chinese court tries to fine Ericsson for proceeding in Texas, Samsung will have to provide reimbursement.

By Scott Graham

4 minute read

January 08, 2021 | National Law Journal

Supreme Court Will Decide if Turnabout Is Fair Play in Patent Law

The justices agreed Friday to review the doctrine of assignor estoppel, which says that an inventor can't sell somebody patent rights and then later attack them as invalid.

By Scott Graham

3 minute read

January 08, 2021 | The Recorder

Longtime MoFo IP Litigator Jumps to Kilpatrick Townsend

The firm's deep roots in San Francisco and in intellectual property helped it check all the boxes, Wesley Overson says.

By Scott Graham

2 minute read

January 06, 2021 | Texas Lawyer

Marshall, Texas, Versus Wuhan: Whose Court Gets to Decide Ericsson-Samsung IP Dispute?

Kirkland & Ellis, Quinn Emanuel, McKool Smith and two former chief judges of the Federal Circuit are having and a former Federal Circuit chief judge to make its case for the Wuhan Intermediate Court of China.

By Scott Graham

8 minute read

January 05, 2021 | The Recorder

Amazon Collects $723,000 Fee Award in Latest Win Over NPE

The e-commerce giant's win over Innovation Sciences comes in an appellate ruling from a Virginia case. Last summer Amazon swept a jury trial against the same patent owner.

By Scott Graham

3 minute read

January 04, 2021 | The Recorder

Patent Litigation Got on the Comeback Trail in 2020

Led by a resurgence from nonpracticing entities, district court filings were up for the first time since 2017.

By Scott Graham

4 minute read