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].
May 04, 2020 | The Recorder
Why Oracle Might Be Sweating a Request for Extra Briefing in Row With GoogleThe Supreme Court wants the parties to address the standard of review for assessing the San Francisco jury's verdict on fair use. If the Supreme Court applies a stricter standard than the Federal Circuit, then Google probably wins.
By Scott Graham
4 minute read
May 04, 2020 | National Law Journal
Justices Struggle With Generic .Com TrademarksThe justices sounded confident that a 19th-century precedent won't apply to Booking.com's application. But after an hour of telephonic arguments, it seemed like anyone's guess which case law will apply.
By Scott Graham
6 minute read
May 01, 2020 | National Law Journal
US Must Pay $4.4 Million Fee Award for Unreasonable Patent DefenseEven excluding prelitigation conduct, the government's defense of infringement by the Oak Ridge National Laboratory was not "substantially justified," a U.S. Court of Appeals for the Federal Circuit panel rules.
By Scott Graham
3 minute read
May 01, 2020 | Law.com
Skilled in the Art: How PTAB is Boosting the Next Generation of IP Lawyers + Should the Law Discriminate Between AI and Human Inventors?The U.S. Patent and Trademark Office is incentivizing applicants and litigants to provide stand-up opportunities to young lawyers.
By Scott Graham
9 minute read
May 01, 2020 | National Law Journal
Why an Intelligent Machine Can't Be an Inventor, at Least for NowHogan Lovells partner Celine Crowson says the USPTO's recent inventorship decision was compelled by the patent statutes. In time, Congress may need to rethink them, she says.
By Scott Graham
5 minute read
April 29, 2020 | New Jersey Law Journal
Pharma Companies Agree to COVID-19 Cease-Fire With Bench Trial on HoldPaul Hastings partner Eric Dittmann says he hopes Mitsubishi Tanabe's voluntary agreement with Zydus Pharmaceuticals to extend the Hatch-Waxman automatic stay will serve as a model for others.
By Scott Graham
3 minute read
April 27, 2020 | The Recorder
9th Circuit Throws Cold Water on 'Mash-Up' Theory of Fair UseA "Star Trek"-themed version of a Dr. Seuss classic doesn't sound transformational, Judge M. Margaret McKeown suggested in a case that's drawn intense amicus interest.
By Scott Graham
5 minute read
April 27, 2020 | Daily Report Online
Supreme Court Tears Down Paywall for Georgia's Annotated CodesThe annotations are "government edicts" that can't be copyrighted, even though they are not the law itself and published by a third party, Chief Justice John Roberts wrote for a 5-4 majority.
By Scott Graham
5 minute read
April 22, 2020 | National Law Journal
'Mindful of the Seeming Unfairness,' Federal Circuit Upholds Medical Device RulingBut Judge Kara Stoll calls on her colleagues to rethink a precedent that allows inventors to sell their patents and then turn around and attack their validity at the USPTO.
By Scott Graham
4 minute read
April 21, 2020 | Law.com
Skilled in the Art: Five Takeaways From Thryv v. Click-to-Call + Latham Beats Heart Monitor Suit + Open COVID Adds Tech GiantsSome takeaways from Monday's Supreme Court decision in Thryv v. Click-to-Call.
By Scott Graham
7 minute read
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