On August 4, AIPLA filed an amicus brief in the two PTAB cases of OpenSky Industries, LLC, Patent Quality Assurance, LLC, and Intel Corporation v. VLSI Technology LLC, which USPTO Director Vidal has taken up to address what actions the USPTO Director should take when faced with assertions of an abuse of process or conduct that otherwise thwarts, as opposed to advances, the goals of the Office and/or the AIA. AIPLA’s brief argues that the review procedures implemented in these proceedings are adequate to address the rare instances of alleged abuse of process or alleged conduct contrary to the goals of the Office and/or the AIA.

On July 5, the American Intellectual Property Law Association (AIPLA) submitted comments as proposed by the Administrative Office of the US Courts on a potential small claims patent court or small claims patent proceeding and its impacts. AIPLA addressed nine proposed questions and will continue to study these issues.

On July 11, the American Intellectual Property Law Association (AIPLA) offered its initial views to the United States Patent and Trademark Office (“USPTO”) in response to the Interim Process for PTAB Director Review. AIPLA appreciates the USPTO’s focus on improving fairness to all parties and achieving greater consistency and predictability in these proceedings.

On June 23, AIPLA, along with the Intellectual Property Owners Association (IPO), Licensing Executives Society International (LESI), Licensing Executives Society USA & Canada, and the New York Intellectual Property Law Association (NYIPLA) issued a joint statement on the tentative the World Trade Organization's (WTO) decision regarding the proposed TRIPs waiver compromise.

AIPLA files a brief in Andy Warhol Foundation for the Visual Arts v. Goldsmith, a case that addresses the role of transformativeness in the copyright fair use analysis.