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].
October 23, 2020 | Texas Lawyer
Sizing Up the Waco Jury Pool and Other Final Thoughts from MV3 v. RokuWinston & Strawn partner Mike Tomasulo says Roku was able to pick a tech-savvy jury for the first patent trial before U.S. District Judge Alan Albright. The judge also wouldn't let Roku talk about MV3's status as an non-practicing entity, but Tomasulo thinks there might be ways to admit that kind of information in future trials.
By Scott Graham
7 minute read
October 21, 2020 | The Recorder
'Professional Litigant' Gets in Too Deep With Suit Against Swim ClubA pro bono Squire Patton team wins a $120,000 attorney fee award in a dispute with the author of a book on the psychology of winning.
By Scott Graham
4 minute read
October 20, 2020 | The Recorder
Kirkland Rebuffs Quinn Emanuel's Play for Lit Funding DocumentsAlthough the documents are relevant to Google's defense of a patent infringement suit, Judge Cathy Ann Bencivengo ruled Tuesday that they're covered by the work-product privilege.
By Scott Graham
2 minute read
October 20, 2020 | The Recorder
Patent Owner Renews Real Party Attack on Unified PatentsMasterObjects contends that Unified is doing the bidding of Facebook and Amazon with a June patent validity challenge. Those companies are real parties in interest under the Patent Trial and Appeal Board's recent RPX decision, lawyers at Heim, Payne & Chorush contend.
By Scott Graham
4 minute read
October 20, 2020 | Texas Lawyer
No Sidebars, No Problem for Roku in First Patent Trial Before Judge AlbrightOblon partner Alexander Hadjis said that "old school" objections was one of the ways Judge Alan Albright maintained social distance in a six-day trial over streaming media technology.
By Scott Graham
5 minute read
October 19, 2020 | National Law Journal
PTO to Create Formal Rules for Starting Patent Validity TrialsThe agency is seeking public comment on how to guide the director's discretion for instituting AIA proceedings. The tech industry and patent owners have been fighting in court over a framework developed by the PTO's administrative judges.
By Scott Graham
4 minute read
October 13, 2020 | National Law Journal
5 Questions From Tuesday's Cert Grant on PTO Judge AppointmentsShould we expect a Federal Circuit reversal? Can Congress fix this? How will this affect day-to-day life at the PTAB? We asked three practitioners and three law professors for their takes.
By Scott Graham
6 minute read
October 13, 2020 | The Recorder
Inventor of 'the Bionic Dick' Accuses Surgeon of Stealing His Trade SecretsUrologist James Elist accuses a competitor of conspiring with one of his own advisory board members to steal the techniques and the branding for Elist's Penuma implant.
By Scott Graham
3 minute read
October 13, 2020 | National Law Journal
Supreme Court Will Decide If USPTO Judges Were Properly AppointedThe Patent Trial and Appeal Board, once dubbed a "death squad for patent rights," will face its second existential threat at the nation's highest court in the last three years.
By Scott Graham
6 minute read
October 09, 2020 | Law.com
Skilled in the Art: How a Motion to Transfer Out of the Western District of Texas Came Back to Haunt + The Cookie That Ate Trade Dress ProtectionBe careful with how you frame those motions to transfer out of Waco. They could come back to bite you at trial.
By Scott Graham
7 minute read
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