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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June 28, 2019 | Law.com

Skilled in the Art: The Building Blocks of Life Sciences IP Law: CRISPR, Biopharma Trade Secrets, and Provisional Patent Priority

The University of California will once again battle it out with Harvard and MIT's Broad Institute over who was first to patent the gene editing system that's been described as the century's biggest (and potentially most lucrative) biotech story.

By Scott Graham

8 minute read

June 26, 2019 | The Recorder

Tech Companies See Patent Ruling—and Fee Award—Go Poof

Fitbit, GoPro and others had persuaded District Judge Yvonne Gonzalez Rogers that a nonpracticing entity's patents were so weak that they should recover $560,000 in fees. But the Federal Circuit revived the case and struck the fee award, saying Gonzalez Rogers had failed to account for the appellate court's new patent eligibility case law.

By Scott Graham

4 minute read

June 25, 2019 | Law.com

Skilled in the Art: A Few Scandalous Trademark Takeaways + ND-Cal May Need a Reset on Patent Eligibility

It's hard to imagine a less surprising outcome than Iancu v. Brunetti, Monday's Supreme Court decision striking down the Lanham Act's prohibition on registering "immoral" or "scandalous" trademarks.

By Scott Graham

10 minute read

June 24, 2019 | National Law Journal

Supreme Court Means What It Says About PTAB—but in Which Case?

The court will have two of its own precedents to choose from when it decides the Federal Circuit's authority to review the Patent Trial and Appeal Board's timeliness decisions.

By Scott Graham

5 minute read

June 21, 2019 | National Law Journal

Latham Whittles Long-Running Patent Case Down to Zero Damages

After nine years of litigation, U.S. District Judge Liam O'Grady says there was no evidence to support a jury award of $1.75 million against Adobe Systems.

By Scott Graham

5 minute read

June 19, 2019 | The Recorder

Gilead Chooses White & Case for Antitrust Class Action

Co-defendants Bristol-Myers Squibb turns to Arnold & Porter, while J&J calls on Drinker Biddle and Japan Tobacco tabs Holland & Knight.

By Scott Graham

2 minute read

June 19, 2019 | Law.com

Skilled in the Art: Nokia Can Run But It Can't Hide From Judge Koh + A Gilead Class Action Edition of Who Got the Work?

Today I'm screening the movie “Escape from San Jose,” starring Nokia. The IP licensing company hopped in a metaphorical car and tried to drive as fast as it could to San Francisco to avoid another FRAND/antitrust trial in a certain judge's courtroom.

By Scott Graham

8 minute read

June 17, 2019 | National Law Journal

Supreme Court Keeps a Tight Lid on PTAB Appeals

The justices turned away two cases Monday that would have let more petitioners appeal unsuccessful validity challenges at the United States Patent and Trademark Office.

By Scott Graham

4 minute read

June 14, 2019 | National Law Journal

States Not Immune From PTAB Proceedings, Federal Circuit Rules

Fifteen states had argued that they and their public universities shouldn't have to expose their patents to validity review at the Patent Trial and Appeal Board.

By Scott Graham

4 minute read

June 14, 2019 | The Recorder

Nokia, Daimler, Continental Ramp Up Global Patent Chess Match

Continental made the latest move Wednesday, asking U.S. Magistrate Judge Nathaneal Cousins of San Jose to block Nokia from pursuing patent infringement actions against Daimler in three different German courts.

By Scott Graham

4 minute read

Scott Graham

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