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].
March 30, 2020 | National Law Journal
How PTO Might Use New Authority During COVID-19 EmergencyThe CARES Act gives the PTO director authority to extend deadlines in patent prosecutions, trademark registrations and America Invents Act trials. But it's not clear yet if Andrei Iancu plans to use it.
By Scott Graham
8 minute read
March 27, 2020 | Delaware Business Court Insider
In Shoe Design Case, Judge Puts Foot Down on Litigation Misconduct but Penalizes Over-LitigationU.S. District Judge Maryellen Noreika held Soto Massini's CEO personally liable for a $2.9 million judgment over infringing shoe designs while finding the case exceptional. But an attorney fee award will be limited, because Gavrieli Brands 'over-litigated' the case.
By Scott Graham
3 minute read
March 27, 2020 | New York Law Journal
Kirkland Wins Copyright Tiff Over NBA Player TatsJudge Laura Taylor Swain rules that when three tattoo artists drew on the arms of LeBron James, Kenyon Martin and Eric Bledsoe, they knew the art was going to be displayed in media, including video games.
By Scott Graham
4 minute read
March 27, 2020 | Law.com
Skilled in the Art: Copyright Tiff Over NBA Players' Tats + Paul Hastings Tries to Pump the Brakes on PTAB Rocket Dockets + Judge Puts Foot Down on Over-Litigation of Shoe Patent CaseThey can take away the NBA, but they can't take away NBA video games—at least not because of unpaid tattoo licenses.
By Scott Graham
8 minute read
March 25, 2020 | National Law Journal
How Trade Secrets Feud Put EV Battery Maker's US Manufacturing Plans at Risk"Default is the only appropriate remedy here," ITC Administrative Law Judge Cameron Elliot concluded after reviewing SK Innovation's spoliation of evidence in a trade secrets action.
By Scott Graham
6 minute read
March 24, 2020 | Law.com
Skilled in the Art: Expert Tips for Navigating IP in the Virtual World + Amazon Algorithms Infringe Our Copyright, Williams-Sonoma SaysTimely advice about the IP perils of working from home and/or taking live events virtual.
By Scott Graham
14 minute read
March 23, 2020 | National Law Journal
Federal Circuit Makes It Official on PTAB AppointmentsOver the dissents of four judges, the appellate court declined to make any changes to Arthrex v. Smith & Nephew. The decision leaves administrative patent judges with less job protection, and makes up to 81 cases eligible for new hearings.
By Scott Graham
5 minute read
March 23, 2020 | National Law Journal
North Carolina Wins Blackbeard Shipwreck Copyright DisputeCongress will have to try harder if it wants to block states from using sovereign immunity to act as digital pirates, Justice Elena Kagan writes.
By Scott Graham
4 minute read
March 20, 2020 | Law.com
Will the Latest Snub of the European Patent Court Be Fatal?The country's Federal Constitutional Court says a two-thirds vote of its parliament is necessary before Germany can get behind the long-running project.
By Scott Graham
3 minute read
March 20, 2020 | Law.com
Skilled in the Art: Will COVID-19 Inventors Get Rich From Patents?Is it conceivable that a COVID-19 breakthrough would likewise be gifted to the public?
By Scott Graham
11 minute read
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