Contact - Sessions
James Skelley | Technology Lawyer
Sessions are online meetups for discussing recent legal news, general education, and sharing various of James' research. The next scheduled session is:

You can find a complete listing of upcoming sessions and request to join HERE.
  • In Re NETFLIX, INC. - 2021-10-25
    • While granted in similar situations, CAFC here denies Netflix's writ of mandamus to stay proceedings (and thereby defer the scheduled claim construction hearing) until consideration of the motion for change of venue, as the motion had been pending for only a very short period of time and the district court appeared to be making the motion a priority.
    • CAFC affirms Board's obviousness determination, finding that it was based upon substantial evidence (e.g., tradeoffs among multiple objectives is common in the art, and so the fact that some references may introduce some adverse effects into the combination isn't necessarily sufficient to constitute a "teaching away").
    • As the private and public interest factors indicated that the gravamen of case was in Colorado rather than in the Western District of Texas (mostly referencing the recent Samsung, Apple, and Juniper decisions), CAFC granted the writ of mandamus requesting transfer.
    • Patent was previously found unenforceable for inequitable conduct (for withholding prior use information from the USPTO). The district court now awarded attorneys' fees, finding the case exceptional under 35 USC 285. CAFC affirms as Octane Fitness grants latitude in the exceptionality finding.
    • CAFC denies mandamus request for Acting Director to reconsider matter (basically reopening closed IPR) outside of 30-day request deadline.
More . . .
James Skelley is a solo practitioner based in Mountain View, California since 2015, focusing primarily upon technology transactions and intellectual property procurement. James' practice also serves as an "incubator" for new legal service technologies / methodologies and a "living example" of their application. To this end, James regularly partners with larger law firms and with his clients so as to improve the practice of intellectual property law.

  • Utility / Design / PCT Patent Prosecution
  • Open Source Diligence
  • Technology Transactions (typically as a team)
  • Litigation / Inter Partes Review Support (typically as a team)
  • James tends NOT to handle low-volume trademark work (though referrals are available)
  • USPTO - #59458 - 10/16/2006
  • California - #257829 - 12/01/2008
  • District Columbia - #1014986 - 08/05/2013
  • James is available by email, 8x8 hangout, and in-person meetups in the Valley (albeit while mindful of COVID protocols).
  • Email is typically the best way to reach James.
  • Machine Learning / Robotics
  • Cryptograpy / Cryptocurrency / Smart Contracts
  • Medical Device
  • Computational Biology (primarily modeling and proteomics)
  • Signal Processing (primarily wireless and compression)
  • Quantum Physics (primarily QED and semiconductor)
  • Manufacturing / 3D Printing
  • James tends NOT to handle pure chemistry applications (though referrals are available), however James HAS handled matters involving computational proteomics, cellular modeling, and diagnostic lab protocols
LawMux Bites are (very) short, one-page summaries of various legal concepts, cases, and technologies. As informal summaries, you certainly shouldn't rely upon them as legal advice / for business use, but they can help orient you if you're new to the subject matter.