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ARLINGTON, Virginia - The American Intellectual Property Law Association (AIPLA) hosted the 2023 Annual Meeting from October 19-21, at the Gaylord National Resort & Convention Center in National Harbor, Maryland, where new board members were sworn in for the 2023-2024 year and ten awards were presented to deserving recipients.

On October 6, 2023, the American Intellectual Property Law Association (AIPLA) filed an amicus brief with the Court of Appeals for the Federal Circuit in In re: Xencor, Inc., a case on appeal from the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board. The case concerns the Board’s rejection of patent claims directed to a treatment method involving administration of an antibody containing certain amino acid substitutions that increase the antibody’s half-life. The Board rejected the claims for lack of written description and as indefinite.

The American Intellectual Property Law Association (AIPLA) condemns acts of hate and violence. We unequivocally denounce the abhorrent and violent acts by Hamas on Israel and its citizens. Our thoughts and condolences go out to those who have lost friends and loved ones; we pray for the safe and swift return of all those taken captive.

Arlington, VA. October 6, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the US Patent and Trademark Office (USPTO) on their recent proposal on the changes to the duration of attorney recognition.

On September 14, 2023, The American Intellectual Property Law Association (AIPLA) submitted a letter to the Senate Judiciary Committee regarding Deborah Robinson’s nomination to be the United States Intellectual Property Enforcement Coordinator (IPEC). In view of her impressive background, AIPLA believes Ms. Robinson will be highly successful in this role and appreciates the Judiciary Committee giving this nomination prompt consideration.

Arlington, VA. August 29, 2023 - The American Intellectual Property Law Association (AIPLA) filed an amicus brief with the Court of Appeals for the Federal Circuit in support of neither party in LKQ Corp. v. GM Global Technology Operations LLC, a case that the Federal Circuit agreed to rehear en banc in June 2023. The case concerns the test for obviousness for design patents and whether the Supreme Court’s decision in KSR (which involved a utility patent) overrules or abrogates the current Rosen-Durling framework.

Arlington, VA. August 7, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the US Patent and Trademark Office (USPTO) on their estimated burden calculations regarding DOCX submission requirements.

Arlington, VA. August 10, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the European Commission on their new Standards Essential Patent (SEP) regulation proposal.

Arlington, VA. August 7, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to IP Australia on recommendations for the continued improvement of IP Australia’s design system.

Arlington, VA. August 4, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to the U.S. Patent and Trademark Office’s (USPTO) Study of the Patent Pro Bono Programs.

Arlington, VA. August 7, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to Changes to the Representation of Others in Design Patent Matters Before the United States Patent and Trademark Office (USPTO).

Arlington, VA. August 2, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the U.S. Patent and Trademark Office (“Office”) on their Motion to Amend Pilot Program and Rules of Practice to Allocate the Burdens of Persuasion on Motions to Amend in Trial Proceedings Before the Patent Trial and Appeal Board (PTAB).

Arlington, VA. August 2, 2023 - The American Intellectual Property Law Association (AIPLA) argued in an amicus brief to the Supreme Court that the U.S. Patent and Trademark Office’s (USPTO) refusal to register the trademark “Trump Too Small” violated the applicant’s First Amendment right to criticize government officials or public figures.

Arlington, VA. August 1, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to China’s State Administration of Market Regulation on the Draft Anti-monopoly Guidelines in the Field of Standard Essential Patents.

On June 29, 2023, the Supreme Court vacated and remanded the 10th Circuit's decision in Abitron v. Hetronic. The Court held that the Lanham Act’s causes of action for trademark infringement do not rebut a canon of statutory construction—the presumption against extraterritoriality. Accordingly, any triggering conduct for Lanham Act liability must be domestic, and the Court held that the relevant triggering conduct is “infringing ‘use in commerce.’” The decision is in part inconsistent with the amicus brief filed by AIPLA on December 26, 2022. To read the opinion of the Court, please click here.

Arlington, VA. June 20, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the United States Patent and Trademark Office in response to its Advance Notice of Proposed Rulemaking published in 88 Fed. Reg. 77, at 24503 (April 21, 2023) (ANPRM) on “Changes Under Consideration to Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings Before the Patent Trial and Appeal Board.”

Arlington, VA. June 12, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments on the USPTO’s (i.e., Office’s) recent Trademark Fee Setting and Adjusting Proposal to the Trademark Public Advisory Committee (“Fee Proposal”).

On May 18, 2023, the Supreme Court ruled that the Andy Warhol Foundation (AWF) violated Lynn Goldsmith’s copyright. As advocated in AIPLA’s Amicus Brief filed on June 17, 2022, the Court confirmed that a fair use analysis involves weighing all the statutory factors, and that a fair use analysis is an objective inquiry. To read the opinion of the Court, please click here.

On May 18, 2023, the Supreme Court unanimously upheld the U.S. Court of Appeals for the Federal Circuit’s decision finding Amgen’s patent invalid. This ruling is consistent with the amicus brief filed by AIPLA on February 10, 2023. To read the opinion of the Court, please click here.

On June 8, 2023 the Supreme Court vacated and remanded the lower court's ruling in Jack Daniel’s Properties Inc. v. VIP Products LLC. This ruling is consistent with the outcome encouraged by the amicus brief filed by AIPLA on January 18, 2023. To read the opinion of the Court, please click here.