The European Patent Office (EPO) has a number of subtleties when it comes to the question of sufficiency of disclosure/enablement. Often a lack of detail can cause a number of downstream problems – particularly the dreaded ‘non-technical’ objections for computer software and objections regarding lack of information/data to support a particular technical effect, for example a medical use, for chemical related inventions. In this webinar, we will share our insights in this area together with our suggested best practices in which you can help to avoid these issues from arising when drafting while still keeping best US practices in mind.

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Arlington, VA. September 6, 2024 - The American Intellectual Property Law Association (AIPLA) has filed an amicus brief with the U.S. Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers, Inc., expressing concern over the Fourth Circuit's decision regarding the scope of a district court's discretion under 15 U.S.C. § 1117(a).

Arlington, VA. August 19, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO on their recent Withdrawal of Changes to Post Registration Response Deadlines.

Arlington, VA. July 29, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO in response to their Request for Comments Regarding the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing (“the RFC”).

On June 13, 2024, the Supreme Court decided that the Lanham Act’s names clause does not violate the First Amendment. The decision contrasts with the amicus brief filed by AIPLA on August 1, 2023.

On May 9, 2024, the Supreme Court issued a 6-3 decision in Warner Chappell Music, Inc., et al. v. Sherman Nealy, et al., affirming the Eleventh Circuit’s ruling that, provided suit is timely filed under the discovery rule, copyright damages are recoverable for infringements occurring prior to the Copyright Act’s three-year statute of limitations. The majority opinion is consistent with the amicus brief filed by AIPLA on December 1, 2023. To read the opinion of the Court, please click here.

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.