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].
December 30, 2020 | National Law Journal
The Next Big Patent Eligibility Push Is On at the Supreme CourtSteptoe & Johnson represents a driveshaft maker in a case that split the Federal Circuit 6-6. "What we have here is worse than a circuit split—it is a court bitterly divided," Judge Kimberly Moore has said.
By Scott Graham
4 minute read
December 30, 2020 | Texas Lawyer
Albright Postpones Patent Jury Trial—but Only for One MonthThe Western District of Texas judge invited Intel to return to the Federal Circuit for further clarification on intra-division transfers when one courthouse is closed for COVID-19.
By Scott Graham
7 minute read
December 29, 2020 | Law.com
What Does the Future Hold for Intellectual Property in 2021?With two potentially seismic cases at the Supreme Court and an extra year's worth of cases ready for trial, 2021 is shaping up as a headline-making year for IP litigation.
By Scott Graham
10 minute read
December 28, 2020 | Law.com
Skilled in the Art: The Federal Circuit Should See and Be SeenThere's no consensus yet at the U.S. Court of Appeals for the Federal Circuit for converting telephone arguments to video. But Judge Todd Hughes has been advocating both publicly and in informal discussions with his colleagues for a couple of years to televise arguments, and he says a few of his colleagues are warming to the idea.
By Scott Graham
6 minute read
December 23, 2020 | Texas Lawyer
Federal Circuit Again Rules Against Judge Albright on Convenience TransferWednesday's decision blocks at least temporarily a high-stakes patent case against Intel from going to trial next month in Waco.
By Scott Graham
4 minute read
December 23, 2020 | National Law Journal
Trademark Modernization Act a Game Changer, Ex-PTO Leader SaysTucked into the coronavirus relief package, the measure will create powerful and inexpensive tools for clearing fraudulent marks from the PTO register, says Haynes and Boone partner Joseph Matal.
By Scott Graham
4 minute read
December 21, 2020 | Delaware Law Weekly
Morrison & Foerster, Wilmer Get $235 Million Patent Verdict Thrown OutJudge Leonard Stark ruled that Cirba Inc. didn't have standing to appear at trial and complain that VMWare was trying to squeeze it out of the virtualization market, because its affiliate Cirba IP actually held the relevant patents.
By Scott Graham
3 minute read
December 18, 2020 | Law.com
Skilled in the Art: Less Is More When It Comes to IP TrialsI felt like I learned more about IP trial strategy in one hour Wednesday from Alan Albright, Tom Melsheimer, Matt Powers and Rachel York Colangelo than I did during the rest of 2020.
By Scott Graham
11 minute read
December 18, 2020 | The Recorder
Dr. Seuss-Star Trek Mash-Up Doesn't Come Close to Fair Use, 9th Circuit saysAn appellate panel led by Judge M. Margaret McKeown squarely held "Oh the Places You'll Boldly Go" is neither a parody nor transformative of Dr. Seuss's "Oh the Places You'll Go"
By Scott Graham
4 minute read
December 16, 2020 | The Recorder
Intel and Apple Have a Chicken-and-Egg Problem With Patent Antitrust SuitThe tech giants told U.S. District Judge Edward Chen that if it weren't for protective orders in other cases, they could get more specific about how Fortress Investment Group is abusing its market power to make exorbitant demands. Fortress says they'll have to allege more specific facts before they can get around the protective order.
By Scott Graham
5 minute read
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