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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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July 14, 2020 | Law.com

Longford Capital Adds Another IP Litigator to Its Ranks

The litigation funder says the COVID-19 pandemic is fueling both demand and the availability of high-quality IP assets.

By Scott Graham

3 minute read

July 13, 2020 | The Recorder

Juul Seeking Broad Order to Exclude Look-Alike E-Cigarettes

The company is asserting design patents against more than 40 rivals who market nicotine cartridges as compatible with the Juul system. One expert says it could prove challenging to protect both the functionality of Juul's cartridges and its design aesthetics.

By Scott Graham

4 minute read

July 10, 2020 | Law.com

Skilled in the Art: Patent Jury Trials on the Doorstep + Judge Stark's Experimental Approach + The PTAB Is Just in Time Not to Rescue Roku

Patent infringement jury trials remain on hold for at least a couple more weeks as COVID-19 cases continue to mount.

By Scott Graham

11 minute read

July 09, 2020 | The Recorder

Federal Circuit Backs Alsup on Confidentiality But Asks Him to Reconsider Rights of Licensees

The Federal Circuit said the judge was within his rights to refuse a broad sealing request from Uniloc 2017 in its patent dispute with Apple. But on the most contentious issue—Uniloc's confidential licenses with third parties—the court said U.S. District Judge William Alsup would have to more carefully consider the rights of licensees.

By Scott Graham

3 minute read

July 07, 2020 | National Law Journal

Federal Circuit Continues Expanding Appointments Clause Decision

Patent applicants whose appeals were rejected by the Patent Trial and Appeal Board will now be entitled to new hearings, the court ruled Tuesday. Many expect the U.S. Supreme Court to weigh in later this year.

By Scott Graham

4 minute read

July 06, 2020 | The Recorder

PersonalWeb, Glaser Weil Beat Back EMC's 'Exceptional Case' Fee Motion

EMC and WilmerHale had sought "millions" on the ground that PersonalWeb was "a phony company" asserting weak patents that got demolished at the Patent Trial and Appeal Board.

By Scott Graham

4 minute read

July 02, 2020 | Law.com

Skilled in the Art: PTAB Appointments Headed to Supreme Court + Interest Rates Fall, Patent Suits Rise + Life, Death or Settlement in ED-Tex

Arthrex cert petitions are starting to hit the Supreme Court, and patent filings may be the new stocks and bonds for investors.

By Scott Graham

9 minute read

July 01, 2020 | National Law Journal

Patent Litigation Is on the Rebound, Led by WD-Texas Filings

Some aggressive nonpracticing entities—and perhaps growing interest in litigation funding—have put 2020 district court filings 16% ahead of the previous six months' pace.

By Scott Graham

7 minute read

June 30, 2020 | The Recorder

In Key Win for Booking.com, Justices Strike Down Broad Rule Limiting Generic Trademarks

The justices found that because Booking.com is not generic to the public, it is not generic.

By Nate Robson | Scott Graham

4 minute read

June 26, 2020 | The Recorder

Amazon, Williams-Sonoma Duke It Out Over Software's 'Volition'

Orrick's Annette Hurst says that if Amazon isn't held responsible for AI that allegedly infringes Williams-Sonoma's copyrights, it's just the first step to liability-free killings by automated vehicles and AI-powered drones. Amazon counsel Mark Lemley says that under the rule Williams-Sonoma is proposing, "the internet as we know it would be impossible."

By Scott Graham

4 minute read