Scott Graham

November 15, 2019 | National Law Journal

The court's involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.

By Scott Graham

6 minute read

November 13, 2019 | National Law Journal

The Federal Circuit says a jury should have evaluated the competing designs, even if a primary difference was one company's logo. But the appellate court sidestepped a damages question left open by the Supreme Court's Samsung v. Apple ruling.

By Scott Graham

3 minute read

November 12, 2019 | Law.com

The federal government has fired back on two fronts against Gilead Sciences in the war over an HIV vaccine.

By Scott Graham

9 minute read

November 08, 2019 | National Law Journal

The U.S. Patent and Trademark Office argues that Booking.com is a generic mark that cannot be registered with the PTO, because it would discourage other booking services from using "booking" as part of their domain names.

By Scott Graham

2 minute read

November 08, 2019 | Law.com

Uber has worked with an AI company to come up with a mechanism for ranking patent claims based on their breadth.

By Scott Graham

11 minute read

November 01, 2019 | National Law Journal

The government asked the court to stop applying its bombshell Arthrex ruling to other cases until it can decide whether to seek en banc review.

By Scott Graham

3 minute read

November 01, 2019 | Law.com

The PTAB's constitutional crisis is over, just one month after it started.

By Scott Graham

11 minute read

October 31, 2019 | National Law Journal

The court says it can fix the problem by interpreting the Patent Act as giving the PTO director greater authority to remove APJs from service. In the meantime, possibly hundreds of the board's final written decisions will have to be reheard by a new panel.

By Scott Graham

4 minute read

October 30, 2019 | National Law Journal

The Federal Circuit ruled that Merck subsidiary Idenix claimed billions of potential compounds, leaving researchers with only a needle in a haystack. The decision wipes out what defendant Gilead Sciences had called the largest jury award in patent history.

By Scott Graham

4 minute read

October 29, 2019 | Law.com

Round two in the PTAB appointment wars are set for argument before the Federal Circuit on Monday.

By Scott Graham

9 minute read