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Law.com

Skilled in the Art With Scott Graham: Hologic Comes From Behind to Win on Assignor Estoppel + Juror Homework Puts Kibosh on Apple AirPods Trial

Minerva Surgical won a Supreme Court decision last year narrowing the doctrine of assignor estoppel, but it wasn't enough to unwind a $5 million jury verdict at CAFC.
7 minute read

Law.com

Skilled in the Art With Scott Graham: What's Top of Mind for the Federal Circuit Bar Association's New Prez? + The Teachers Unions (and Sovereign Wealth Funds) Behind VLSI Technology

Knobbe Martens partner Joe Reisman has his eyes on a crush of appeals that is heading toward the DC-based appellate court.
13 minute read

Law.com

Skilled in the Art With Scott Graham: Orrick's Mark Davies on the Emerging AI Wars + Waco Will See a Drop in Patent Filings, but for How Long? + USPTO Gets Its No. 2

The author of a new treatise on artificial intelligence and the law expects to see an explosion of litigation in the area—and a lot of pressure on the doctrine of fair use.
11 minute read

Law.com

Skilled in the Art With Scott Graham: Judge Rakoff Weighs in on Trade Secrets and Specificity + A Sweet Win for Dechert in Contracts Case

Circumstantial evidence of misappropriation won't cut it in the absence of specificity, he rules in life sciences SaaS case. It's a win for Keker, Van Nest & Peters.
7 minute read

Law.com

Skilled in the Art With Scott Graham: The Discovery Rule Is Alive and Well, So Long as You Don't Take the Supreme Court Too Literally + A Former Federal Circuit Clerk Is Nominated to the District Court Bench

Ninth Circuit Judge Kim Wardlaw wrote in Starz v. MGM that if the statute of limitations doesn't accrue until copyright infringement is discovered, then the three-year damages period shouldn't start till then either. That sets up a split with the Second Circuit.
11 minute read

Law.com

Skilled in the Art With Scott Graham: Apple, Kirkland Are Poised to Keep $300 Million Patent Submerged + CAFC Might Avoid SEPs at the ITC + Kathi Vidal Thinks VLSI's $2.175 Billion Patents Are Probably Invalid

A panel of Federal Circuit judges didn't sound inclined to rescue a 'submarine' patent that led to a $308 million jury verdict against Apple.
8 minute read

Law.com

Skilled in the Art With Scott Graham: Time to Change Tactics on 101, or Just Wait for a Better Term? + PTO Launches AI Partnership + Judge Freeman Calls Out Firm's 'Possum Act'

The Supreme Court might be done with patent eligibility for the foreseeable future. Practitioners say that, if there is still a path to review, it's going to require early and careful preparation.
12 minute read

Law.com

Skilled in the Art With Scott Graham: In Defense of Patent Thickets + Gaming Out a Year of Section 101 Limbo + Bad Takes From a PTAB Reform Hearing

Hughes Hubbard life sciences chief Patrice Jean says that, given the complexity that goes into some pharmaceuticals, it's "understandable that you would have dozens of patents that potentially cover what the outcome is."
14 minute read

Law.com

Skilled in the Art With Scott Graham: Quinn, Kirkland Square Off in San Diego, and One Side Has the Upper Hand + Something for Everyone to Love (and Hate) in PTAB Reform Bill

Judge Cathy Ann Bencivengo began Thursday's hearing by saying that Impact Engine's asserted patents have a Section 112 problem. Things went downhill from there.
8 minute read

Law.com

Skilled in the Art With Scott Graham: Five Takeaways on SEPs and the ITC at CAFC + Wilmer and Sheppard Pour Cold Water on Sexual Wellness Trade Secret Suit

Owners of standard-essential patents and implementers could probably both draw encouragment from Federal Circuit judges' questioning in Philips v. Thales. Now we'll have to see if the court issues an opinion.
10 minute read

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