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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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December 05, 2019 | The Recorder

Ericsson Knocks Out Decision on FRAND Methodology

The Federal Circuit rules that the wireless giant is entitled to a jury trial over infringement of its standard-essential patents. The decision wipes out a 2017 bench trial in which U.S. District Judge James Selna had established the "top-down" methodology for evaluating SEPs.

By Scott Graham

5 minute read

December 04, 2019 | The Recorder

Lyft Tries to Hail $569,000 Fee Award in Patent Case

The ride-hailing company says that an inventor who was seeking $584 million in damages should have known the game was up once the Patent Trial and Appeal Board found his patent claims indefinite.

By Scott Graham

4 minute read

December 03, 2019 | Law.com

Skilled in the Art: Qualcomm Antitrust Cases Heating Up at Ninth Circuit + The Law Behind a Paywall + Lyft Hits Patent Passenger with $500K Fee Bill

The Ninth Circuit is going to shrink the $5 billion consumer class action against Qualcomm, but isn't spoiling to eliminate it.

By Scott Graham

12 minute read

December 02, 2019 | The Recorder

Ninth Circuit Wants to Downsize Qualcomm Class Action

A three-judge panel sounded highly skeptical of U.S. District Judge Lucy Koh's decision to certify a nationwide consumer class based on California antitrust law. But they suggested that a California only class—or California plus a handful of other states—might pass muster.

By Scott Graham

5 minute read

November 27, 2019 | The Recorder

Fish & Richardson Puts PTAB Appeal to Sleep

Fisher & Paykel Healthcare's mere concern about being sued over future sleep mask products aren't enough for Article III standing, Federal Circuit rules.

By Scott Graham

3 minute read

November 26, 2019 | The Recorder

GirlsDoPorn Plaintiffs Set a Price Tag on Their Humiliation

The 22 models are seeking up to $2 million each, plus punitive damages, after claiming they were duped into believing their adult videos would remain anonymous.

By Scott Graham

8 minute read

November 22, 2019 | Law.com

Skilled in the Art: Apple and Cisco Must Jump Through Alsup's Hoops in Attorneys Fees Win + A Failed Forum Shopping Expedition

Apple and Cisco are going to get attorneys fees from Straight Path IP Group, but not the $10 million they were seeking.

By Scott Graham

10 minute read

November 19, 2019 | National Law Journal

Congressional Fix for PTAB Appointments Problem Could Come at Cost

House IP subcommittee chairman Hank Johnson said threatening administrative patent judges' job security isn't the way to go. But ranking member Martha Roby suggests the PTAB has problems beyond appointments that need to be addressed.

By Scott Graham

5 minute read

November 19, 2019 | Law.com

Skilled in the Art: Congress Could Fix PTAB, But for a Price + Google v. Oracle Holdings That Would Make Scholars Happy

The House Subcommittee on Courts, IP and the Internet met earlier today for a refreshingly sober and thoughtful look into the Federal Circuit's Arthrex decision.

By Scott Graham

10 minute read

November 15, 2019 | Law.com

Skilled in the Art: Fitbit, Garmin and Philips Sweat Fitness-Tracker Patents + What's in Kirkland's Tool Belt for Wrench Suit + PTO's Inventor Diversity Report Draws Mixed Reactions

The fitness-tracking patent wars are flaring again in the run-up to Google's proposed $2.1 billion acquisition of Fitbit.

By Scott Graham

8 minute read