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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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April 21, 2020 | The Recorder

Tech Giants Pledge Their IP to COVID-19 Fight

Amazon, Facebook, HPE, IBM, Microsoft and Sandia Labs sign onto the Open COVID Pledge. Meanwhile, pledge organizers have unveiled a new, streamlined version of their license template.

By Scott Graham

5 minute read

April 20, 2020 | National Law Journal

Supreme Court Hands PTO More Power Over AIA Patent Validity Challenges

Whether a petitioner acted within a year of being sued is not reviewable by Article III courts, the justices rule in 7-2 decision.

By Scott Graham

6 minute read

April 17, 2020 | National Law Journal

Heart-Monitoring Patent Gives Life to New Section 101 Dispute

Judges for the U.S. Court of Appeals for the Federal Circuit disagree whether prior art outside the prosecution history should be consulted when deciding if a patent is directed to a longstanding "abstract idea."

By Scott Graham

3 minute read

April 17, 2020 | Law.com

Skilled in the Art: Dot-Com Amicus Boom Ahead of SCOTUS Argument + No Need to Delay Amazon Fee Motion + Desmarais Bridges the Silicon Valley Divide

An army of generic dot-coms are going to bat for Booking.com in an upcoming Supreme Court case.

By Scott Graham

11 minute read

April 17, 2020 | National Law Journal

A Dot-Com Amicus Army Is Volunteering for Booking.com

Salesforce.com, Wine.com and many others are backing the hotel reservation company in its U.S. Supreme Court showdown over trademark registration for generic top-level domains.

By Scott Graham

6 minute read

April 14, 2020 | Law.com

Skilled in the Art: Trial? No Trial? Ericsson and TCL in Bizarro Patent World + The Coronavirus Ate My Fee Motion

Finnegan wipes out $110 million patent infringement judgment against TCL Communication.

By Scott Graham

9 minute read

April 13, 2020 | Daily Business Review

Orrick, Quinn Emanuel Face Off Over Carnival's Wearable Tech

The firms represent Carnival Corp. and one of its contractors, with each accusing the other of ripping off their innovations for a medallion-based guest engagement system aboard cruise ships.

By Scott Graham

4 minute read

April 10, 2020 | National Law Journal

Bio-Rad Sounds Poised to Win on Money, Lose on Injunction

The Federal Circuit sounded skeptical Friday of 10x Genomics and Orrick partner Josh Rosenkranz's claim that a Delaware jury awarded 15 times too much for infringement of Bio-Rad's droplet technology. But the court sounded reluctant to reimpose an injunction that Rosenkranz said would hinder research into diseases including COVID-19.

By Scott Graham

5 minute read

April 10, 2020 | Law.com

Skilled in the Art: Fish Associate's First CAFC Argument Poses Extra Challenge + Goodwin Procter and MoFo's Streaming War + Gilead Saves Lives, Pays Enhanced Damages

A Fish & Richardson associate makes her first argument to the Federal Circuit, minus visual cues.

By Scott Graham

7 minute read

April 09, 2020 | The Recorder

Nevro, Morrison & Foerster Win Appeal Over Spinal Stimulation Patents

Judge Vince Chhabria had ruled a dozen claims indefinite, in part because they're defined by a patient's reaction. But the Federal Circuit ruled Thursday that that's the wrong test.

By Scott Graham

3 minute read