This webinar will cover recent case law on copyright and computer software, including the Supreme Court decision in Google v. Oracle and a preview of the issues facing the Court in H&M v. Unicolors. We will also provide practical advice and best practices for registering copyright in software.

The 2021 Data Roadshow is a virtual half-day program wholly devoted to all things data with a focus on artificial intelligence and machine learning-enabled technology. The program will include a keynote and a series of panel discussions that seek to address many of the data related challenges companies face on a day-to-day basis, followed by a networking event.

This webinar is grounded in the overarching theoretical concept that a written description is intended to survive the expiration of the patent itself, such that a person of skill in the art can read the written description and implement the inventive concepts inside the written description in order to reap the underlying benefit of the invention. This webinar will attempt to reconcile some of those divergences by providing a synthesized framework for patent attorneys.

On August 10, 2021, AIPLA filed an amicus brief in the Supreme Court case, Unicolors, Inc., v. H&M Hennes & Mauritz, L.P. (Case No. 20-915). The brief notes that the Ninth Circuit decision in the case increases the risk to copyright owners in that any erroneous legal conclusions set forth in a copyright application may have draconian repercussions, and if upheld, will likely increase the costs and burdens of copyright litigation. Two courses of action are suggested, including reversing the Ninth Circuit’s decision and recognizing the inherent power of district court judges to determine whether an allegation that a registrant has knowingly included inaccurate facts is reasonably plausible before referring a case to the Register of Copyrights.

On July 29, 2021, the American Intellectual Property Law Association (AIPLA) and the Intellectual Property Owners Association (IPO) submitted a joint letter to Senators Leahy, Shaheen, Tillis, and Moran expressing concern over resources appropriated to the U.S. Patent and Trademark Office (USPTO) in FY 2022. The letter asserted that it is imperative for the USPTO to receive access to all its fees, urging passage of a funding measure that reflects the intent of the Leahy-Smith America Invents Act to fund the USPTO at a level equal to fee collection estimates.

On July 29, 2021, AIPLA filed an amicus brief in the Supreme Court case, Ezaki Glico Co. v. Lotte International America Corp. (Case No. 20-1817). The brief addresses the Third Circuit’s conclusion that product design trade dress is functional, and therefore not protectable, if it is “useful.” The brief also questions the Third Circuit’s displacement of what remained of the traditional rule with principles of the separate doctrine of aesthetic functionality. Moreover, because trade dress is typically associated with ubiquitous products (especially the trade dress that is copied), it is likely that a trade dress owner would be forced to defend its trade dress in the Third Circuit under the new rule.

In furtherance of the LEAP initiative, the PTAB and AIPLA are jointly organizing an oral hearing virtual boot camp in which practitioners will be able to present an argument before sitting PTAB judges and obtain invaluable feedback post-argument. The boot camp will be held mainly on Friday's beginning August 20. APPLICATION CLOSED.

We're continuing our monthly Virtual Water Cooler meetups through the end of the year! We know that we as continue in large measure to work-from-home, we're still missing the regular connection with our colleagues. That’s why AIPLA’s Committee on the Profession is inviting you to join us around the virtual water cooler for a 30 minute break.

The 2021 Data Roadshow is a virtual half-day program wholly devoted to all things data with a focus on artificial intelligence and machine learning-enabled technology. The program will include a keynote and a series of panel discussions that seek to address many of the data related challenges companies face on a day-to-day basis, followed by a networking event.

On June 29, 2021, the U.S. Supreme Court ruled to keep the doctrine of assignor estoppel, but with limits on its application. This ruling is consistent with the amicus brief filed by AIPLA on March 1, 2021.

On June 21, 2021, the U.S. Supreme Court reversed and vacated the Federal Circuit decision, dividing 5-4 on the judgment in United States v. Arthrex, Inc. In this majority opinion, the Supreme Court held that the unreviewable authority wielded by Administrative Patent Judges (APJs) during inter partes review is constitutionally incompatible with their appointment by the Secretary of Commerce to an inferior office.

On April 5, 2021, the US Supreme Court overturned Oracle’s copyright win over Google, holding that Google’s use of Oracle’s programming code from the Java SE Application Programming Interface (API) in their Android platform was a fair use and did not violate copyright laws. The Court determined that Google’s use of only the code that was needed to allow programmers to work in a new and transformative program was a fair use of that material. Writing for a 6-2 majority, Justice Breyer declined to address the first question on copyrightability and instead resolved the case focusing on the question of fair use by referencing the four guiding factors in the Copyright Act’s fair use provision. Justice Thomas filed a dissenting opinion that the ruling bypasses the question of whether the software code is protected by the Copyright Act. AIPLA filed an amicus brief in this case on January 13, 2020.