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].
September 27, 2019 | National Law Journal
SCOTUS' 2019 IP Cases Won't Be Boring, Law Professors SayThe justices have already granted cert in six cases, and several potential blockbusters are waiting in the wings. The solicitor general on Friday recommended against granting cert on one of one case, Google v. Oracle, though it said the correctness of the Federal Circuit's fair use decision is "not free from doubt."
By Scott Graham
13 minute read
September 27, 2019 | Law.com
Skilled in the Art: Who Got the Work: Anti-Aging Edition + X-Rays Reveal InfringementAnti-aging supplement makes law firms feel young again.
By Scott Graham
5 minute read
September 24, 2019 | Law.com
Skilled in the Art: Five Takeaways From the Led Zeppelin Copyright Arguments + PTO Looking to Bring AI Expertise in HouseA handful of closing thoughts on the en banc arguments in Skidmore v. Led Zeppelin.
By Scott Graham
7 minute read
September 23, 2019 | The Recorder
9th Circuit Sings a Few Different Tunes at 'Stairway to Heaven' Copyright HearingThe judges seem to be in sync on the scope of copyrighted works under the 1909 Copyright Act. But a few soloists emerged on the selection and arrangement of otherwise unprotectable elements.
By Scott Graham
5 minute read
September 20, 2019 | The Recorder
9th Circuit: No Music in the Courtroom for Led Zeppelin HearingEleven Ninth Circuit judges will hear a lot of arguments about copyrights Monday in the dispute over "Stairway to Heaven." But they'll do it without musical accompaniment.
By Scott Graham
4 minute read
September 19, 2019 | National Law Journal
After Much Reflection, PTO Says Its Precedential Opinions Are Entitled to DeferenceThe Federal Circuit had to formally ask the agency to weigh in on a hot-button issue of patent and administrative law.
By Scott Graham
7 minute read
September 18, 2019 | New Jersey Law Journal
Allergan Defeats Akorn's Antitrust Claims by More Than an EyelashGeneric challenger Akorn Inc. failed to recover attorney fees when invalidating Allergan's eyelash enhancer patents, therefore, those cases cannot be considered "sham" proceedings that give rise to monopolization claims, Judge Brian Martinotti rules.
By Scott Graham
5 minute read
September 17, 2019 | The Recorder
Former USPTO Director Michelle Lee to Head Amazon Web Services AI UnitThe former PTO director and Google patent chief will be in charge of AWS' Machine Learning Solutions Lab. 'I'm a firm believer in the promise of artificial intelligence,' she said.
By Scott Graham
3 minute read
September 17, 2019 | Law.com
Skilled in the Art: Not Exceptional? Then Definitely Not a Sham, Says N.J. Judge + Michelle Lee's New GigIf patent infringement cases aren't "exceptional," they're precluded from being "shams" for antitrust purposes, according to an order from U.S. District Judge Brian Martinotti of New Jersey in Duke University v. Akorn.
By Scott Graham
8 minute read
September 16, 2019 | The Recorder
Knobbe's Bridget Smith Joins PTAB Boutique Lowenstein & WeatherwaxShe is the third partner who's held a leadership role in Knobbe's Patent Office Litigation Group to leave the firm in the last year.
By Scott Graham
2 minute read
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