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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December 19, 2019 | National Law Journal

Federal Circuit Sends Back $444K Fee Award Against Intellectual Ventures

Delaware federal court Chief Judge Leonard Stark had found some of IV's conduct "exceptional," but said the case overall was not. The Federal Circuit ruled Thursday that while a single act of misconduct can support a fee award under the Patent Act, a district judge still must consider the context of the entire case.

By Scott Graham

3 minute read

December 17, 2019 | Law.com

Skilled in the Art: Breaking Down a $752M Verdict with Morgan Chu + The Arthrex En Banc Petitions Are In + Is Supreme Court Clearing the Decks for a Section 101 Landing?

A conversation with Irell & Manella partner Morgan Chu about the $752 million jury verdict he just helped engineer last week.

By Scott Graham

16 minute read

December 16, 2019 | The Recorder

$360K Fee Award Upheld Despite Voluntary Dismissal of Patent Case

Buchalter pilots fitness company Health In Motion LLC to a Federal Circuit win over Blackbird Tech LLC, a lawyer-owned company that admits having filed more than 110 patent suits without winning a judgment on the merits.

By Scott Graham

4 minute read

December 13, 2019 | Law.com

Skilled in the Art: Weil Gotshal's Zack Tripp on IP at the High Court + What If They Threw an Appeal and Nobody Showed Up?

A conversation with former Assistant to the Solicitor General Zack Tripp, now with Weil Gotshal & Manges, about the Supreme Court, the SG's office and IP.

By Scott Graham

11 minute read

December 12, 2019 | The Recorder

Koh Tells Connected-Cars Antitrust Plaintiff to Hit the Road

The San Jose federal judge says a global dispute over patents that are essential to automotive connectivity belongs in the Northern District of Texas.

By Scott Graham

6 minute read

December 11, 2019 | National Law Journal

USPTO Can't Recover Fees When Patent Applicants Take It to Court

The U.S. Supreme Court ruled that a Patent Act provision awarding "all of the expenses" in a proceeding was not specific enough to overcome the American Rule presumption against fee-shifting.

By Scott Graham

4 minute read

December 10, 2019 | Law.com

Skilled in the Art: Supreme Court Can CVSG but It Can't Hide From Section 101 + A PTAB Precedent, If You Can Keep It

The Supreme Court is definitely going to weigh in again soon on Section 101, maybe.

By Scott Graham

10 minute read

December 09, 2019 | National Law Journal

Supreme Court Justices See No Appeal for Preliminary AIA Review Decisions

What matters isn't the time bar that limits some patent validity challengers, the justices suggest. What matters is whether a patent is valid at the end of the day.

By Scott Graham

5 minute read

December 09, 2019 | National Law Journal

SG, PTO Say It's Almost Time to Revisit Patent Eligibility

After a nearly yearlong wait, Solicitor General Noel Francisco is technically turning thumbs down on two hot-button cases involving Section 101 of the Patent Act. But he says there's another one coming next month that the court definitely should take up to address the confusion in the law.

By Scott Graham

5 minute read

December 06, 2019 | Law.com

Skilled in the Art: Federal Circuit Sidesteps Big FRAND Issues + Spinal Stimulation Patent Runs Shiver Through Indefiniteness Standards + Alex Kozinski's Return

The U.S. Court of Appeals for the Federal Circuit hands a big win to Ericsson but holds its tongue on FRAND methodology.

By Scott Graham

9 minute read

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