Advocacy Articles - Standard List
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AIPLA Comments on United States Patent and Trademark Office Draft Strategic Plan for FY 2018-2022
October 5, 2018
As we emphasized in our comments submitted during the preparation of the 2014-2018 USPTO Strategic Plan, AIPLA believes the most important factor for the success of the USPTO in furthering the patent system is full funding of the USPTO. -
Letter to Senate Committee on Rules and Administration in Support for the Register of Copyrights Selection and Accountability Act of 2017
September 24, 2018
The American Intellectual Property Law Association submitted a letter to the Senate Committee on Rules and Administration supporting H.R. 1695, the Register of Copyrights Selection and Accountability Act of 2017. -
Letter to the House Judiciary Committee in Support of the CASE Act of 2017
September 24, 2018
The American Intellectual Property Law Association submitted a letter to the House Judiciary Committee in support of the H.R. 3945, the Copyright Alternative in Small-Claims Enforcement Act of 2017. -
AIPLA Comments Submitted Pursuant to "Notice of Proposed Rulemaking on Copyright Office Fees," September 21, 2018
September 21, 2018
While AIPLA recognizes the Copyright Office’s right and need to increase its fees periodically—and further recognizes that any proposed fee increase will ordinarily be met with some degree of reluctance by those incurring the increased expense—some of the Office’s proposed fee increases here raise certain questions and concerns for AIPLA members that we would like to bring to your attention. -
H.R. 3301, CLASSICS Act
September 19, 2018
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H.R. 3945, CASE Act of 2017
September 19, 2018
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AIPLA Comments on FDA Public Hearing on Facilitating Competition and Innovation in the Biological Products Workplace
September 19, 2018
AIPLA requests that before making changes related to the Federal Register Notice and Public Hearing, FDA consider possible implications on intellectual property rights, the patent litigation scheme provided by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), and how that scheme compares with the patent litigation scheme provided by the Drug Price Competition and Patent Term Restoration Act of 1984 (referred to as the Hatch-Waxman Act). -
Letter to House Judiciary Committee in Support of Extending the USPTO Fee-Setting Authority
September 12, 2018
The American Intellectual Property Law Association submitted a letter to the House Judiciary Committee supporting H.R. 6758, which extends the USPTO’s fee-setting authority for eight years. -
AIPLA Comments to the Patent Public Advisory Committee Public Hearing in the Proposed Patent Fee Schedule
September 11, 2018
AIPLA has, in the past, expressed the view that fees, in the aggregate, should recover 100% of the costs of the USPTO, and that the relationship between “front-end” (filing, search, examination etc.) and “back-end” (maintenance, renewal, etc.) fees should be maintained. -
AIPLA/IPO/INTA Letter Urging the Senate Judiciary Committee to Take Up Legislation to Amend the Lanham Act
September 4, 2018
The American Intellectual Property Law Association along with the Intellectual Property Owners Association and the International Trademark Association submitted a letter to the Senate Judiciary Committee urging them to take up legislation to amend the Lanham Act to reestablish a consistent principle that would make injunctive remedies available in appropriate cases involving trademark counterfeiting, infringement, dilution, false advertising and cybersquatting. -
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229, amicus brief on the merits supporting neither party, filed 9/4/2018.
September 4, 2018
The Federal Circuit erred in construing the on-sale provisions of 35 USC 102 by failing to recognize that a sale creates a prior art disclosure only if the sale makes the claimed invention “publicly available,” AIPLA argued in a September 4, 2018 amicus brief to the Supreme Court. -
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 on Determining Whether a Claim Element is Well-Understood, Routine, Conventional for Purposes of Subject Matter Eligibility ("Berkheimer Memorandum")
August 13, 2018
AIPLA applauds the Office for publishing the Memorandum to promote uniform application of the guidance provided by the Federal Circuit in Berkheimer v. HP Inc. While we find the Memorandum to be helpful, we have a few suggestions on how it might be improved. -
AIPLA Comments on Changes to the Trademark Rules of Practice to Mandate Electronic Filing
July 25, 2018
AIPLA supports the Trademark Office’s efforts to streamline and increase the end-to-end electronic trademark filing program via the electronic filing mandate. AIPLA recognizes the benefits and efficiencies that electronic filing provides, not the least of which is faster prosecution time for pending trademark applications. -
AIPLA Comments on the Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board
July 9, 2018
As indicated in the Notice, the Office has proposed to change the claim construction standard for AIA trials from the broadest reasonable interpretation (“BRI”) standard to the Phillips standard. Phillips v. AWH Corp.,415 F.3d 1303 (Fed. Cir. 2005) (en banc). -
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229, amicus brief supporting a petition for certiorari, filed 3/30/2018.
March 30, 2018
The Federal Circuit failed to give effect to a revision of the “on sale” doctrine made by the America Invents Act (AIA) which imposed a “public availability” requirement not only on the fact of an early sale but also on the subject matter of the sale, i.e., the “claimed invention,” according to an AIPLA amicus brief supporting a petition for Supreme Court review. -
AIPLA Comments on the Draft Convention on the Recognition and Enforcement of Foreign Judgments Relating to Civil or Commercial Matters
March 19, 2018
Consistent with that defined mission, AIPLA strongly encourages the U.S. to advocate for the exclusion of intellectual property from the scope of the Draft Convention. -
Booking B.V. v. The United States Patent and Trademark Office, 4th Cir., No. 17-2459, amicus brief filed 3/19/2018.
March 19, 2018
The Patent and Trademark Office has incorrectly interpreted the Lanham Act as requiring an award of attorneys' fees, win or lose, to the agency in district court proceedings reviewing decisions of the Trademark Trial and Appeal Board. -
Letter to the Senate Judiciary Committee in Support of the Marrakesh Treaty Implementation Act
March 13, 2018
The American Intellectual Property Law Association along with the Intellectual Property Owners Association and the International Trademark Association submitted a letter to the Senate Judiciary Committee in support of the Marrakesh Treaty Implementation Act, which seeks to implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. AIPLA welcomes this important proposed reform and urges its prompt consideration. -
WesternGeco LLC v. ION Geophysical Corp., U.S., No. 16-1011, amicus brief filed 3/5/2018.
March 5, 2018
A damages award for infringement under 35 U.S.C. § 271(f) should include foreign lost profits when the harm was proximately caused by domestic infringement, AIPLA argued in a Supreme Court brief filed March 5, 2018.