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 12, 2022 | National Law Journal

Warhol Foundation Might Get Another Bite at Fair Use

A few justices suggested Wednesday that the Second Circuit gave short shrift to the new message or meaning that And Warhol added to a photograph of rock icon Prince. They suggested that a new message that transforms a copyrighted work could be part of the fair use equation—but not all of it.

By Scott Graham

6 minute read

October 11, 2022 | National Law Journal

After Collaborating on Pharma Case, Finnegan Partner Joins Latham's IP Group

Cecilia Sanabria litigates cases in district court and the International Trade Commission, and had been Finnegan's partner in charge of diversity.

By Scott Graham

2 minute read

October 10, 2022 | National Law Journal

Judge Timothy Dyk on Practice, Cameras in Appellate Courts and the 'Ringside Seat' to His Judicial Confirmation

The Federal Circuit judge says the Supreme Court's decision to adopt live audio of its hearing is a big step. "Maybe cameras are a small step compared to that."

By Scott Graham

11 minute read

October 07, 2022 | Law.com

Skilled in the Art With Scott Graham: Delaware Patent Filings Decline as Connolly Turns Up Heat on Litigation Funding + Another Monster Win for Hueston Hennigan + Uniloc Throws in the Towel on Publicizing Patent Licenses

Delaware has seen a strong downward shift in patent filings over the last six months, Law.com Radar reports. That's right about the time Chief Judge Colm Connolly began requiring fulsome disclosure about third-party litigation funding.

By Scott Graham

9 minute read

October 05, 2022 | National Law Journal

Vidal Sees 'Double Dealing' and 'Abuse of Process' in Challenge to $625M Patent

The PTO director cracked down on an LLC that's bringing a sketchy challenge at the Patent Trial and Appeal Board. But Vidal found no wrongdoing by Intel, and left open the possibility that the company could take over the challenge.

By Scott Graham

4 minute read

October 03, 2022 | National Law Journal

Like Clockwork, US Supreme Court Is Pondering Another Patent Eligibility Case

The justices have plucked from obscurity a case about smart watch patents and once again asked the solicitor general for its views on patent eligibility. The justices also ask for the SG's views on a Hatch-Waxman case involving induced infringement.

By Scott Graham

5 minute read

September 30, 2022 | Law.com

Skilled in the Art With Scott Graham: Judge Dyk's Snappy Memoir Touches on Confirmation, (Non) Retirement and the Challenge of Judicial Equality

"After a period of years, I think you learn that dissents do not always serve a useful purpose," and other takeaways from 22 years on the appellate bench.

By Scott Graham

12 minute read

September 27, 2022 | National Law Journal

'Suckers' and Showstoppers: Everyone's Watching the Supreme Court's 2022 IP Docket

The court kicks off Term 2022 with arguments next month in the Andy Warhol fair-use case. Multiple life science companies are also asking the court to take up their patent cases, while a case on trademark extraterritoriality appears destined for certiorari.

By Scott Graham

12 minute read