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].
March 18, 2020 | The Recorder
Nike Riding a Wave of Trademark Infringement, Filmmaker's Suit SaysBruce Brown Films, the company that merchandises "The Endless Summer," is accusing Nike and Footlocker of trading on the title and the movie poster from Brown's classic 1966 documentary.
By Scott Graham
3 minute read
March 18, 2020 | National Law Journal
Federal Circuit: We'll Interpret the AIA, Not the PTABThe appellate court says the PTO must use formal notice-and-comment rulemaking—not opinions from the Patent Trial and Appeal Board's Precedential Opinion Panel—if it wants the court to defer to its expertise.
By Scott Graham
5 minute read
March 18, 2020 | The Recorder
There's More to the Irell COVID-19 'Patent Troll' Suit Than Meets the EyeIf you wanted to create the most infuriating possible "patent troll" narrative, this one would be hard to top. But a few other factors are worth considering, says IP Reporter Scott Graham.
By Scott Graham
3 minute read
March 17, 2020 | Law.com
Skilled in the Art: IP Community Braces for Social Distancing + More on the COVID-19 'Patent Troll'The fallout from COVID-19 is landing on the IP community
By Scott Graham
11 minute read
March 16, 2020 | The Recorder
Why It Doesn't Matter If Pixar Borrowed 'Inside Out' CharactersThe anthropomorphized emotions in the movie "Inside Out" might be similar to characters from a children's book series, but they're not distinctive enough to be copyrighted, according to the U.S. Court of Appeals for the Ninth Circuit.
By Scott Graham
3 minute read
March 10, 2020 | Law.com
Skilled in the Art: Just the Facts, Counsel, When Judge Wallach Is Presiding + EFF Wants to Bring Cameras Into Media-Shy Federal CircuitWallach is a stickler for forthrightness and fair play, which was on full display in two of the Federal Circuit's 54 hearings last week.
By Scott Graham
11 minute read
March 09, 2020 | The Recorder
Led Zeppelin Ruling Topples Kozinski Precedent, and Maybe His Copyright Case, TooThe court ruled en banc that the inverse-ratio rule, in particular, a formulation from former Ninth Circuit Judge Alex Kozinski that made substantial similarity very easy to prove, should be discarded.
By Scott Graham
5 minute read
March 06, 2020 | National Law Journal
Federal Circuit: Here's What 'Improving the Function of a Computer' MeansThe sometimes fractured court came together Friday to draw a clear line between patent-eligible tech inventions and abstract ideas.
By Scott Graham
3 minute read
March 06, 2020 | Law.com
Skilled in the Art: Apple Aces Patent Fee Shifting Exam, but Cisco Needs to Improve + Judge Tells TCL to Face RealityA special master has high marks for Apple's fee-shifting request, but Cisco Systems gets tripped up by flat-fee arrangements.
By Scott Graham
9 minute read
March 06, 2020 | The Recorder
Apple and Cisco Take Different Tacks to Tackle Alsup's Fee-Shifting TestA special master says Cisco refused to follow U.S. District Judge William Alsup's specific instructions for documenting its flat-fee arrangement with two law firms.
By Scott Graham
7 minute read
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