Federal Trade Commission
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AIPLA Comments to Federal Trade Commission on Proposed Rulemaking Regarding Consumers “Right to Repair”
February 5, 2024
Arlington, VA. February 1, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the Federal Trade Commission (FTC) in response to the petition for rulemaking to protect consumers’ right to repair products they have purchased. -
AIPLA Comments on Federal Trade Commission Non-Compete Clause
April 21, 2023
Arlington, VA. April 21, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the Federal Trade Commission in response to their published notice on Non-Compete Clause Rulemaking, 88 FR 3482, on January 19, 2023. The proposed rule would effectively ban the use of non-competes, with few exceptions. -
U.S. Court of Appeals for the Second Circuit Vacates Final Order of the Federal Trade Commission in 1-800 Contacts Case
June 11, 2021
On June 11, 2021, the United States Court of Appeals for the Second Circuit vacated a Final Order of the Federal Trade Commission (FTC), finding that 1-800 Contact’s “typical trademark settlement agreements” did not unreasonably restrain trade in violation the Section 5 of the FTC Act given the lack of direct evidence of an anticompetitive effect and the strong procompetitive justification of protecting 1-800 Contract’s trademarks. The Court of Appeals also found that it did not have sufficient experience with the type of conduct at issue to permit the abbreviated antitrust analysis favored by the Commission, applying a full-blown rule of reason analysis instead. The Court remanded the case to the Commission with instructions to dismiss it.
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AIPLA Supplemental Comments on FTC Hearings on Competition and Consumer Protection in the 21st Century: Discussion of Innovation and IP Policy
December 21, 2018
AIPLA understands antitrust enforcers sometimes refer to “innovation” as “dynamic competition.” We commend modern U.S. antitrust law for recognizing that “competition” and “innovation” are generally synonymous, and that innovation-based competition is equally as important as themore traditional static “price competition”. -
AIPLA Supplemental AIPLA Comments on Competition and Consumer Protection in the 21st Century Hearings
August 20, 2018
AIPLA encourages the FTC to be sensitive to the special role of patents and other forms of intellectual property in fostering innovation that is the lifeblood of the U.S. economy, thereby enhancing competition in the U.S. and globally. -
AIPLA Comments Regarding Proposed Consent Agreement in MPHJ Technology Investments, LLC, et al.
December 8, 2014
While AIPLA in general supports economically efficient licensing of patents and intellectual property assets in general, and has cautioned against overbroad reactions to new market entrants and licensing models, we have expressed appropriate concerns about indiscriminate demand letters sent in bad faith. -
AIPLA Comments to FTC and OMB Regarding Revised PAE Study
June 18, 2014
The American Intellectual Property Law Association (AIPLA) respectfully submits this letter in response to the Federal Trade Commission’s second Federal Register notice (“the Second Notice”), dated May 13, 2014, regarding proposed information requests to so-called “patent assertion entities” (PAEs) and other entities asserting patents in the wireless communications sector. 79 Fed. Reg. 28715. -
AIPLA Comments to FTC on Section 6(b) PAE Report
December 16, 2013
AIPLA Comments to FTC on Section 6(b) PAE Report -
AIPLA Comments to FTC/DOJ on the FTC/DOJ December 10, 2012, "Patent Assertion Entity Activities Workshop,"
April 5, 2013
AIPLA Comments to FTC/DOJ on the FTC/DOJ December 10, 2012, "Patent Assertion Entity Activities Workshop," -
AIPLA Comments on the Decision and Proposed Consent Order in the Google Proceeding
February 22, 2013
AIPLA Comments on the Decision and Proposed Consent Order in the Google Proceeding -
AIPLA Comments on the Decision and Proposed Consent Order In re Robert Bosch GmbH, FTC File No.121-0081
December 20, 2012
AIPLA Comments on the Decision and Proposed Consent Order In re Robert Bosch GmbH, FTC File No.121-0081 -
AIPLA Comments on Standards-Setting Issues In Connection with Patent Standards Workshop
June 14, 2011
AIPLA Comments on Standards-Setting Issues In Connection with Patent Standards Workshop -
AIPLA Comments on Section 5 Workshop
October 24, 2008
AIPLA Comments on Section 5 Workshop -
AIPLA Response to the Decision and Proposed Consent Order in the N-Data proceeding
April 5, 2008
AIPLA Response to the Decision and Proposed Consent Order in the N-Data proceeding
Recent Advocacy
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AIPLA Comments on Inventorship Guidance for AI-Assisted Inventions
May 15, 2024
Arlington, VA. May 10, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO in response to the recently-published Inventorship Guidance for AI-Assisted Inventions. -
AIPLA Comments to USPTO on Unlocking the Full Potential of Intellectual Property by Translating More Innovation to the Marketplace
May 14, 2024
Arlington, VA. May 14, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to the USPTO’s Request for Comment regarding Unlocking the Full Potential of Intellectual Property by Translating More Innovation to the Marketplace. -
AIPLA Files Amicus Brief in REGENXBIO Inc. v. Sarepta Therapeutics, Inc.
May 14, 2024
Arlington, VA. May 10, 2024 - The American Intellectual Property Law Association (AIPLA) filed an amicus brief in support of neither party with the Court of Appeals for the Federal Circuit in REGENXBIO Inc. v. Sarepta Therapeutics, Inc., a case on appeal from the U.S. District Court for the District of Delaware. The district court held that cultured host cells containing a recombinant nucleic acid molecule were not eligible for patent protection under Section 101 of the Patent Act because the individual nucleic acid sequences used in the recombinant molecule were not modified or changed from their naturally occurring state. -
Supreme Court Affirms Eleventh Circuit’s Ruling in Warner Chappell Music, Inc. v. Sherman Nealy
May 9, 2024
On May 9, 2024, the Supreme Court issued a 6-3 decision in Warner Chappell Music, Inc., et al. v. Sherman Nealy, et al., affirming the Eleventh Circuit’s ruling that, provided suit is timely filed under the discovery rule, copyright damages are recoverable for infringements occurring prior to the Copyright Act’s three-year statute of limitations. The majority opinion is consistent with the amicus brief filed by AIPLA on December 1, 2023. To read the opinion of the Court, please click here.