Advocacy Articles - Standard List
-
Star Athletica, L.L.C. v. Varsity Brands, Inc., U.S., No. 15-866, amicus brief filed 7/22/2016
July 22, 2016
Any test of copyrightability for features contained in a utilitarian work must first determine whether the work contains pictorial, graphic or sculptural elements, and if so, whether they can be identified separately from and exist independently of the unprotectable utilitarian features of the work, AIPLA argued July 22, 2016, in a Supreme Court amicus brief. -
SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, U.S., No. 15-927, amicus brief filed 7/22/2016
July 22, 2016
A laches defense may not be raised against a claim for damages based on patent infringement occurring within the six-year limitations period of 35 U.S.C. 286, AIPLA argued to the Supreme Court in a July 22, 2016 amicus brief. -
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., Fed. Cir., No. 16-1284 and -1787, amicus brief filed 5/2/2016
May 22, 2016
The America Invents Act amendment to 35 U.S.C. §102(a)(1), adding the list of patent-barring events the phrase “or otherwise available to the public,” imposes a public-availability requirement to the on-sale bar, AIPLA argued to the Federal Circuit in a May 2, 2016 amicus brief. -
AIPLA Comments on IT Modernization Plan
March 31, 2016
AIPLA supports funding the Copyright Office’s modernization efforts, including the goals reflected in the IT Plan, through a blend of fees for services and dedicated appropriated dollars. -
Cuozzo Speed Technologies, LLC v. Lee, U.S., No. 15-446, amicus brief filed 3/7/2016
March 7, 2016
The Federal Circuit erred in endorsing the PTAB’s use of the broadest reasonable interpretation (BRI) standard for claim construction in AIA trial proceedings, AIPLA argued to the Supreme Court in a March 7, 2016 amicus brief. -
Kirtsaeng v. John Wiley & Sons, Inc., U.S., No. 15-375, amicus brief filed 3/7/2016
March 7, 2016
Copyright attorneys' fees, under 17 U.S.C. 505, should be awarded to prevailing parties under a totality of the circumstances test, guided by such considerations as objective reasonableness, frivolousness, motivation, and the need to consider compensation and deterrence, AIPLA argued to the Supreme Court in a March 7, 2016 amicus brief. -
The Medicines Company v. Hospira Inc., Fed. Cir., No. 2014-1469,-1504, amicus brief filed 1/19/2016
January 19, 2016
A transaction between an inventor and its supplier to produce the claimed invention is not a commercial offer for sale, and therefore does not trigger the on-sale bar to patentability under 35 U.S.C. §102(b)(pre-AIA), AIPLA argued to the en banc Federal Circuit in a January 19, 2016 amicus brief.
-
Comments Submitted Pursuant to Request for Comments Regarding “Mass Digitization Pilot Program,”
October 9, 2015
The American Intellectual Property Law Association (“AIPLA”) is pleased to have the opportunity to present its views on the above-referenced U.S. Copyright Office request for comments regarding “Mass Digitization Pilot Program,” 80 Fed. Reg. 32614 (June 9, 2015). -
AIPLA Comments Submitted Pursuant to Notice of Inquiry Regarding "Copyright Protection for Certain Visual Works,"
July 23, 2015
AIPLA believes the ease of unauthorized copying online is a major challenge to the licensing of visual works. -
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 Submitted Pursuant to Notices of Inquiry Entitled “Orphan Works and Mass Digitization; Request for Additional Comments and Announcement of Public Roundtables,”
May 21, 2014
The American Intellectual Property Law Association (AIPLA) is pleased to submit these comments in response the above-referenced Notices of Inquiry concerning the Office’s ongoing assessment of orphan works and mass digitization. -
AIPLA Post-Meeting Comments to Department of Commerce Regarding "Request for Comments on Department of Commerce Green Paper on Copyright Policy, Creativity, and Innovations in the Digital Economy"
January 17, 2014
The American Intellectual Property Law Association (AIPLA) respectfully submits these comments in response to the Department of Commerce’s Notice of Inquiry regarding issues raised in the Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy and in the December 12, 2013 public meeting. -
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 on Notice of Inquiry Regarding "Technological Upgrades to Registration and Recordation Functions"
May 20, 2013
The American Intellectual Property Law Association (AIPLA) is pleased to offer the following comments concerning the U.S. Copyright Office Notice of Inquiry regarding “Technological Upgrades to Registration and Recordation Functions” published in the March 22, 2013, issue of the Federal Register, 78 Fed. Reg. 17722. -
AIPLA Comments to FTC/DOJ on "Patent Assertion Entity Activities Workshop"
April 5, 2013
The American Intellectual Property Law Association (AIPLA) appreciates the opportunity to present its views with regard to the issues considered at the “Patent Assertion Entity Activities Workshop” (“Workshop”), jointly conducted on December 10, 2012, by the Federal Trade Commission (FTC) and the Department of Justice (DOJ). -
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 Submitted Pursuant to Notice of Inquiry Regarding "Orphan Works and Mass Digitization"
February 4, 2013
The American Intellectual Property Law Association (AIPLA) is pleased to offer comments in response to the U.S. Copyright Office Notice of Inquiry entitled “Orphan Works and Mass Digitization” (the “NOI”), as published in the October 22, 2012 issue of the Federal Register. 77 Fed. Reg. 64555. -
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