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].
August 04, 2020 | The Recorder
With IPO on Horizon, Snowflake Challenged Over Rights to Its NameData analytics company Yeti Data says it's been using Yeti Snowflake to promote its services for the last six years and wants to block Snowflake from "saturating" the market with its allegedly infringing name. Snowflake says Yeti remained silent despite years of press and trademark registrations, and questions whether it even has a viable business.
By Scott Graham
4 minute read
July 31, 2020 | Law.com
Skilled in the Art: Who's Arguing? Apple, Amgen and Adobe Go Before the Federal CircuitThe Federal Circuit is slated to hear a slew of IP cases next week.
By Scott Graham
5 minute read
July 27, 2020 | National Law Journal
Maker of 'Naked' Condoms Could Be Stripped of Trademark RightsDespite an apparent 2007 settlement, rival Australian Therapeutic Supplies has statutory standing to bring a cancellation action against Naked TM, the Federal Circuit rules.
By Scott Graham
2 minute read
July 27, 2020 | Texas Lawyer
Sovereign Immunity Gets UT Only so Far in Patent Dispute Over Cancer TreatmentA 2-1 majority of the Federal Circuit says the university cannot be hauled into court against its will, even as a plaintiff. But a different 2-1 majority said UT's licensee can go ahead and sue on its own. They also said it's time for the Supreme Court to reconsider key precedents on sovereign immunity and patent infringement.
By Scott Graham
4 minute read
July 24, 2020 | The Recorder
IBM Springs Patent Surprise on Zillow—and Judge ZillyAfter 10 months of complex patent litigation against Zillow, IBM filed a second suit this week alleging five new patents. U.S. District Judge Thomas Zilly said he was "quite surprised, even a little shocked," that IBM would do that while the parties are still trying to get a grip on the first case, and suggested that discovery in the first case might have to be put on hold.
By Scott Graham
4 minute read
July 24, 2020 | Law.com
What's Next: IBM Springs a Surprise on Zillow—and Judge Zilly + The AI-as-Inventors Conversation Is Going MainstreamIBM brings a new patent suit against Zillow, and Judge Thomas Zilly doesn't sound pleased.
By Scott Graham
10 minute read
July 21, 2020 | Texas Lawyer
Facing 'Conundrum of First Impression,' Gilstrap Rejects Apple Plea to Delay Patent TrialApple had argued that COVID-19 conditions in Texas generally, and Marshall particularly, made bringing people from all over the country into the courthouse unsafe. But Gilstrap said the court is taking numerous precautions as it ramps up for the country's first patent jury trial since March, and said there's no reason to think conditions will get any better in the near future.
By Scott Graham
4 minute read
July 21, 2020 | The Recorder
Cisco Wins TRO Targeting Counterfeit Chinese TransceiversU.S. District Judge Edward Davila set an Aug. 13 hearing while ordering three companies' bank accounts frozen and instructing ISPs to delist any advertisements of the Cisco-marked products.
By Scott Graham
2 minute read
July 17, 2020 | Texas Lawyer
Apple and Optis Go Face to Face Over Patent Jury Trial SafetyApple is demanding that Eastern District Chief Judge Rodney Gilstrap postpone a patent infringement trial until October, with backing from a UT epidemiologist who says COVID-19 would pose an "extraordinary risk" for participants and the surrounding community. Optis Wireless says Apple has continually tried to delay trial over its refusal to pay reasonable royalties on LTE patents, and that chances are the pandemic will be more dangerous in October, not less.
By Scott Graham
4 minute read
July 17, 2020 | The Recorder
A Tech Superwoman Is Accused of Borrowing Her IP PowersSurbhi Sarna started a company for detecting ovarian cancer and sold it for $150 million before turning 35. Now a long-ago former employer is claiming that Sarna actually developed the technology on its dime, with its trade secrets.
By Scott Graham
5 minute read
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