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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October 09, 2020 | The Recorder

How a Motion to Transfer Out of the Western District of Texas Came Back to Haunt Roku

The first patent trial of the Judge Alan Albright era comes with an important note of caution for defendants seeking to transfer their cases out of the Western District of Texas.

By Scott Graham

4 minute read

October 07, 2020 | National Law Journal

6 Takeaways From Google v. Oracle at SCOTUS

Awkward analogies and a shift in emphasis from Google complicate arguments in an already complex case.

By Scott Graham

5 minute read

October 07, 2020 | National Law Journal

Supreme Court Justices Suggest Federal Circuit May Need to Try Again on 'Google v. Oracle'

The justices seem all over the map on software copyrightability, but three of them clearly questioned the appellate court's failure to respect jury findings in favor of Google on fair use.

By Scott Graham

6 minute read

October 06, 2020 | The Recorder

COVID-19 Patent Suits Take Sharply Different Approaches

A California biotech tools company filed a low-key complaint against Regeneron in New York while going in guns blazing against Pfizer in San Diego. The company says all it wants is recognition, including in the form of royalties, for its pioneering contribution to research.

By Scott Graham

4 minute read

October 05, 2020 | National Law Journal

Cisco Hit With $1.9B Judgment in First Virtual Patent Bench Trial

Judge Henry Morgan finds that Cisco willfully infringed competitor Centripetal Networks' cybersecurity patents following an eight-week trial that was conducted entirely virtually.

By Scott Graham

4 minute read

October 05, 2020 | The Recorder

PTO's Real Parties Decision Casts Cloud Over Member-Supported Patent Challenges

The question now is how broadly will the opinion apply for other member-based groups challenging patents.

By Scott Graham

4 minute read

October 05, 2020 | National Law Journal

Judge Hearing Cisco Case Won't Recuse Despite Wife's Ownership of $4,687 in Stock

Judge Henry Morgan of Virginia says he didn't know about his wife's small stake in Cisco until it was time to fill out financial disclosure forms. If he had, he wouldn't have presided over an eight-week virtual bench trial without telling anyone, the judge says.

By Scott Graham

3 minute read

October 02, 2020 | National Law Journal

Fish & Richardson Carves Out $235M Win in 'Skinny Label' Pharma Dispute

A Federal Circuit majority says a jury verdict of patent infringement must be respected, but Chief Judge Sharon Prost says her colleagues are helping GlaxoSmithKline unfairly extend a $7.1 billion monopoly on an anti-hypertensive medicine.

By Scott Graham

3 minute read

October 02, 2020 | Law.com

Skilled in the Art: Irell Team Follows Winning Blueprint in Suits Against PNC, Tesla + First Trial of the Albright Era Underway in Waco

Irell is looking to repeat its formulas for success in suits against PNC Bank and Tesla.

By Scott Graham

7 minute read

October 01, 2020 | Texas Lawyer

Patent Infringement Suits on the Rise Again After 4 Down Years

NPE suits in the Western District of Texas, and JUUL Labs suits against competitors everywhere, help keep filings on track to easily top 2019 numbers.

By Scott Graham

3 minute read

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