On February 24, 2022 the U.S. Supreme Court Vacated and Remanded the Ninth Circuit’s decision in Unicolors, Inc. v. H&M Hennes and Mauritz, LP. This ruling is consistent with the amicus brief filed by AIPLA on August 10, 2021.

On February 7, 2022, AIPLA submitted comments in response to the U.S. Copyright Office Notice of Proposed Rulemaking related to practice procedures before the Copyright Claims Board.  AIPLA noted that the success of the CASE Act will turn in significant part on the simplicity and accessibility of the trial procedures. We commended the Office for its efforts to develop user-friendly Copyright Claims Board (“CCB”) procedures. AIPLA offered responses and comments to certain of the questions and rules raised by the Office in the Notice with regard to the management of parties; the management of the proceedings; discovery; evidence; hearings; and, post-determination proceedings.

On February 4, 2022, AIPLA submitted comments to the USPTO on the Request for Comment Regarding Trademarks Administrative Sanctions Process. AIPLA supports the implementation of an administrative sanctions process as proposed by the USPTO but seeks clarification and offers suggestions on a few points in the proposed process.

On February 4, 2022, AIPLA submitted comments to the United States Department of Justice on on Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND. AIPLA recommends the agencies leave the 2019 statement in place, however, provided some suggestions if the 2019 policy does not remain.

On January 24, 2022, the American Intellectual Property Law Association (AIPLA) submitted comments to the United States Copyright Office pursuant to the Notice of Inquiry related to the deferred registration examination study. The comments address perceived deficiencies in the current registration regime, benefits and drawbacks to offering a deferred examination option, legal or regulatory framework, filing fees, and more.