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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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July 11, 2019 | The Recorder

No Need to Debate It—Alice Losing Clout in Patent Cases

RPX data shows a substantial drop in the success rate of Section 101 motions since the Federal Circuit tweaked patent eligibility law 18 months ago.

By Scott Graham

3 minute read

July 10, 2019 | Law.com

Skilled in the Art: Qualcomm Kicks Off Antitrust Appeal + Don't Count on that $2.5 Billion, Idenix + More Thoughts on the Federal Circuit's Patent Eligibility Debate

Qualcomm has fired its first shot at the FTC in the Ninth Circuit.

By Scott Graham

11 minute read

July 09, 2019 | The Recorder

Qualcomm Asks 9th Circuit to Stay Koh Injunction

The wireless giant adds Goldstein & Russell to its team while arguing that Koh wrongly found it had an antitrust duty to deal with its rivals. Meanwhile, the FTC has consented to Qualcomm's request to expedite briefing on the merits.

By Scott Graham

4 minute read

July 08, 2019 | National Law Journal

Apple Almost Back on Hook for $440 Million Patent Judgment

The Federal Circuit ordered the USPTO to reconsider an attack on the validity of two patents held by VirnetX, which holds two judgments worth almost $1 billion against the iPhone maker.

By Scott Graham

4 minute read

July 08, 2019 | National Law Journal

Entire Federal Circuit Pleads With Supreme Court, Congress on Diagnostics Patents

Flawed precedent is making it impossible to patent often life-saving medical discoveries, all 12 active judges say in flurry of opinions.

By Scott Graham

6 minute read

July 03, 2019 | National Law Journal

Patent Lawsuits Up in 2019; PTAB Filings Down

PTAB's increasing reluctance to hold trials on patent validity challenges is one possible factor, experts say.

By Scott Graham

3 minute read

July 03, 2019 | Law.com

Skilled in the Art: Supreme Court Spotlight Shifts to Trademark Remedies + NPE Suits Up, PTAB Filings Down + Who's Arguing—$2.5 Billion Edition

The Supreme Court is set to decide the statutory prerequisites for awarding infringer's profits under the Lanham Act.

By Scott Graham

9 minute read

July 01, 2019 | National Law Journal

Orrick Partner Again Advising on Local TV Initiative

David Hosp and Locast founder David Goodfriend say they've found a way to retransmit local TV broadcasts over the Internet without violating copyright laws.

By Scott Graham

4 minute read

July 01, 2019 | National Law Journal

Trial Lawyer Bar Launches Trademark Fight Over Its Former Name

The Washington, D.C.-based bar association sued the California-based Association of American Trial Lawyers for trademark infringement and unfair competition.

By Scott Graham

4 minute read

June 28, 2019 | The Recorder

No Clinical Trial, No Injunction in Biopharma Trade Secret Case

Fenwick lawyers persuade Colorado judge that without a drug in clinical trials, there's no rush to enjoin nine employees from continuing to work at Loxo Oncology Inc.

By Scott Graham

3 minute read


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