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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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November 05, 2020 | National Law Journal

Wilson Sonsini Helps Mylan Tighten Venue Rules for Pharma Litigation

Thursday's ruling means fewer pharmaceuticals may bring Hatch-Waxman Act lawsuits in the popular venues of Delaware and New Jersey.

By Scott Graham

4 minute read

November 05, 2020 | The Recorder

Having Fun While Growing the Practice: A Q&A With McDermott's New IP Chief

Silicon Valley life science litigator Bill Gaede took over as McDermott, Will & Emery's global IP chair in September.

By Scott Graham

6 minute read

November 03, 2020 | New York Law Journal

Latham Guides Veteran Volunteer Group to Win Against Own Affiliate

Veteran volunteer organization Team Rubicon won an appellate ruling that blocks its global affiliate from using the Team Rubicon mark in the wake of a sexual harassment investigation.

By Scott Graham

3 minute read

November 03, 2020 | The Recorder

Unclean Hands and Dirty Hooves: A Trademark Applicant Takes on a Serial Opposer

The Berkeley lawyer who defended the monkey selfie copyright case is now taking on Red Bull on behalf of an Arizona fitness trainer. "I'm undefeated in intellectual property cases brought by animals," Andrew Dhuey says, "and I'm hell-bent on keeping it that way."

By Scott Graham

3 minute read

November 02, 2020 | The Recorder

Facebook Loses Bid to Make Trade Secrets Claims All or Nothing

A federal judge has ruled that Massachusetts' Uniform Trade Secrets Act does not preclude an AI startup from bringing separate claims of unfair competition and tortious interference based on the same alleged misappropriation underlying its trade secret claims.

By Scott Graham

4 minute read

November 02, 2020 | The Recorder

Williams-Sonoma and Amazon Settle Hard-Fought IP Dispute

Both sides are mum, but Amazon recently changed its product pages to say "Brand: Williams-Sonoma" instead of "By Williams-Sonoma." The suit alleged that Amazon had created the false impression that Williams-Sonoma authorized sales of its merchandise on the Amazon platform.

By Scott Graham

4 minute read

October 30, 2020 | Law.com

Skilled in the Art: Will Federal Circuit Tee Off on the Claim Construction From Hell? + Ins and Outs of Transfers in WD-Texas + PTO Gets Last Word on Generic Dot-Com Trademarks

It took nearly 12 years and four district court judges to construe a single claim on a patented golf club. Now the Federal Circuit will get involved.

By Scott Graham

14 minute read

October 27, 2020 | New York Law Journal

SDNY Is Back in the Civil Jury Trial Business With $855 Million Verdict

A Kirkland & Ellis team scored the trade secrets win for Cognizant Technology Solutions and The TriZetto Group in a case where they originally began as defendants.

By Scott Graham

3 minute read

October 26, 2020 | National Law Journal

Pharma Comes Out Swinging for More PTO Discretion Over AIA Trials

Leading pharmaceuticals and biotechs, plus a few industrial companies and a long list of inventors, told the House and Senate Judiciary committees Monday that the PTO is doing the right thing by deferring to rocket docket district court litigation.

By Scott Graham

3 minute read

October 23, 2020 | Delaware Law Weekly

Federal Circuit to Judge Connolly: Show Us Your Work on Section 101

A "cursory" ruling from the bench won't cut it in a challenging patent eligibility case, the appellate court rules in sending the case back for a second try.

By Scott Graham

3 minute read