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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June 26, 2020 | Law.com

Skilled in the Art: Frankenstein's Software Staggers Into Tse's Court + IP Laterals for Morgan Lewis, TroyGould + Caveat Emptor on Model Jury Instructions

Amazon.com and Williams-Sonoma throw down over AI software and copyright liability.

By Scott Graham

7 minute read

June 25, 2020 | The Recorder

Book Review: Ryan Abbott, 'The Reasonable Robot: Artificial Intelligence and the Law'

Womble Bond's Christian Mammen says that Abbott's proposal for AI legal neutrality might be problematic, but his wake-up call for rethinking the law around AI should be heeded.

By Christian E. Mammen

7 minute read

June 25, 2020 | The Recorder

9th Circuit: Our Model Trademark Instruction 'Flies in the Face of Existing Caselaw'

The appellate court granted a new trial for Herman Miller Inc. over the design of its Aeron chair, while upholding a $3.4 million award for infringement of an earlier product line.

By Scott Graham

4 minute read

June 24, 2020 | The Recorder

America Invents Act Has Added $3B to GNP, Study Contends

The 2011 law has reduced the need for and cost of patent litigation, ultimately generating substantial economic benefits, says the report by economists at The Perryman Group. It was sponsored by Unified Patents, one of the most frequent petitioners for America Invents Act trials.

By Scott Graham

2 minute read

June 19, 2020 | Law.com

Skilled in the Art: Amazon and Valentino: Don't Tread on These Trademarks + Weil Gotshal's Double-Play + 3 Judges on NextGen Opportunities

Amazon has partnered with one of the world's most famous fashion labels in a lawsuit accusing a brand of copying Valentino's Rockstud line of footwear.

By Scott Graham

10 minute read

June 19, 2020 | The Recorder

Judges Say At-Bats More Important Than Wins for Young Lawyers

Three district judges offered up tips last week for junior lawyers seeking more speaking opportunities in court. U.S. District Judge Jon Tigar urged them to seek out pro bono cases, without getting too hung up on the attractiveness of the case.

By Scott Graham

4 minute read

June 17, 2020 | The Recorder

Amazon Wins Patent Infringement MDL Appeal as Fee Motion Looms

Fenwick & West has led the charge for Amazon since PersonalWeb Technologies sued 80 of its customers. The Federal Circuit ruled Wednesday that a previous suit against Amazon, though voluntarily dismissed, precluded many of the new claims.

By Scott Graham

4 minute read

June 16, 2020 | National Law Journal

PTO Growing Less Deferential to Rocket Dockets During Pandemic

With district judges forced to put jury trials on hold, the Patent Trial and Appeal Board sounds as if it will be more assertive about deciding patent validity, even when the same issues are presented in parallel district court proceedings.

By Scott Graham

4 minute read

June 16, 2020 | New York Law Journal

Latham Strikes Again on Branded Pharma by Adding 2 Hogan Lovells Litigators

The firm adds Hogan Lovells Arlene Chow and Ernest Yakob in New York five months after landing the co-chair of Williams & Connolly's patent group. All represent innovators in the pharmaceutical and biologic drug space.

By Scott Graham

5 minute read

June 12, 2020 | Law.com

Skilled in the Art: The USPTO's Plan for Highlighting COVID Inventions + SCOTUS Eyes AIA Retroactivity + Killer Robots Aren't Coming for Judge Tse

McAndrews, Held & Malloy partner Sharon Hwang outlines Patents 4 Partnership, one of many new COVID-19 related initiatives the USPTO has been rolling out.

By Scott Graham

10 minute read

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