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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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August 17, 2020 | The Recorder

3-Judge Panel Needs 4 Opinions to Reject Porn Company's Copyright Claim

All three judges wrote their own opinion, with one writing a concurring opinion to his own majority ruling.

By Scott Graham

4 minute read

August 14, 2020 | The Recorder

Juniper Explains Why It Got Fed Up With Patent Licensing Campaign

Arizona patent owner's letters to at least three Valley networking companies, its appearances at local trade shows, and its NDA with RPX Corp. make Northern District the 'epicenter' of its campaign, Juniper contends.

By Scott Graham

3 minute read

August 14, 2020 | New York Law Journal

Overtime Sports Calls Foul on 'Overtime by Dick's Sporting Goods'

Overtime Sports, a social media-based network that claims 37 million followers, says the sports retailing giant ambushed it by suddenly opening three "Overtime by Dick's" stores in June. Dick's agreed Thursday to put additional stores on hold while the companies exchange discovery about Overtime's trademark claims.

By Scott Graham

3 minute read

August 14, 2020 | Law.com

Skilled in the Art: Is 'Overtime by Dick's' a Flagrant Foul? + Juniper Sees Licensing Campaign 'Epicenter' in ND-Cal + Rory McIlroy Holes Out of Trademark Suit

Dick's Sporting Goods turns to Kirkland, and Juniper Networks spells out why it thinks a licensing campaign crossed the line.

By Scott Graham

9 minute read

August 11, 2020 | The Recorder

Apple Tagged for $506 Million in First Patent Jury Trial of COVID Era

"The message of this case is not that we got a big verdict," Optis Wireless counsel Jason Sheasby of Irell & Manella says. "The message is that we can get through this."

By Scott Graham

3 minute read

August 11, 2020 | The Recorder

Qualcomm—and Its Former Attorneys—Vindicated by Ninth Circuit

Judge Lucy Koh called Qualcomm's attorneys the architects of anticompetitive practices. The Ninth Circuit implicitly rebranded them as cutting-edge business innovators.

By Scott Graham

5 minute read

August 11, 2020 | Texas Lawyer

Apple Escapes Second ED-Tex Patent Trial Due to COVID-19 Concerns—At Least Until October

Judge Robert Schroeder III wrote that dangers posed by high COVID-19 infection rates in the Tyler area warranted a two-month delay.

By Scott Graham

3 minute read

August 10, 2020 | The Recorder

Apple: Koss Promised to Stay Mum About Licensing Talks—Not Blab About Them 18 Times in a Lawsuit

But at least one IP litigator says that, even if Koss did breach a confidentiality provision, Apple's remedy of shifting Koss' patent suit from Texas to California might be a stretch.

By Scott Graham

5 minute read

August 07, 2020 | Law.com

Skilled in the Art: Amazon's Freaky Thursday in ND-Cal + Weil Sticks Bio-Rad Judgment + Paul Weiss, Gibson, Arnold & Porter and Baker Botts Add Laterals

When you're one of the world's largest tech companies, you have to manage a lot of patent litigation. Still, I'm guessing it's unusual to go back-to-back marathon hearings in the same judicial district on the same day. That's what Amazon.com faced Thursday in the Northern District of California.

By Scott Graham

9 minute read

August 06, 2020 | The Recorder

Judge Freeman Poised to Award Amazon Fees in Big Patent MDL

U.S. District Judge Beth Labson Freeman said she's "really very troubled" by the shifting theories patentee PersonalWeb Technologies pursued over the course of the case. But she sounded wary of awarding Amazon the entire $6.1 million it's seeking.

By Scott Graham

4 minute read