This webinar will feature four prominent speakers to discuss Trademark, Trade Secret, Patent, Copyright, and Design Rights decisions that had significant impacts in the industry.

This expert panel will provide an overview of the decision, the positions of the parties and amici, and thoughts on the implications of the Supreme Court’s decision and what it may mean for you and your clients. Whether you are a copyright practitioner, a patent practitioner, a software developer or implementer, or you practice in a related area, you won’t want to miss out on this informative session.

AIPLA is co-hosting an afternoon of lively and thought-provoking discussion about various aspects of design patents. The 14th Annual Virtual Design Day will be hosted by the United States Patent and Trademark Office (USPTO), where USPTO design examiners and managers, design patent practitioners, and industrial designers will provide insights.

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.

On March 30, 2021, AIPLA, alongside three other organizations, submitted a letter to the Office of the U.S. Trade Representative to express support for the United States’ opposition to the TRIPS waiver proposal being discussed at the World Trade Organization (WTO). The letter points out that the TRIPS waiver proposal would waive a variety of IP rights related “to prevention, containment or treatment” of COVID-19. The proposal incorrectly portrays IP as a barrier, but it is expressed, to the contrary, that IP protection enhances developments. The letter states that there are no known examples where IP has been used to limit access to COVID-related technology ‒ rather innovator companies have partnered and shared IP to create tools to address the pandemic. Should the proposed TRIPS waiver be implemented, it is noted that it would have an immediate chilling effect on continued research and necessary collaboration.

On March 26, 2021, AIPLA submitted comments regarding the China National Intellectual Property Administration (CNIPA) Administrative Adjudication Measures for Early Resolution Mechanism for Drug Patent Disputes. In the comments, AIPLA requests clarification of handling of patent invalidity challenges, since substantial ambiguity remains. AIPLA requests an 8-month deadline to complete the adjudication in the Draft Measures, and requests extensions of notice periods and filing deadlines. AIPLA also requests that the Draft Measures include a corresponding provision providing that if a case has been accepted by either CNIPA or the People’s Court, any case subsequently filed in the other tribunal shall not be accepted on the same asserted claims. Finally, AIPLA requests that all possible appeals have been resolved or the time within which to appeal has expired without an appeal being filed.

​Join us on the 1st Wednesday of April and May at 3 pm eastern/ noon pacific at the "Water Cooler".

AIPLA is co-hosting an afternoon of lively and thought-provoking discussion about various aspects of design patents. The 14th Annual Virtual Design Day will be hosted by the United States Patent and Trademark Office (USPTO), where USPTO design examiners and managers, design patent practitioners, and industrial designers will provide insights.

Join AIPLA, the USPTO, and other partner organizations in a special 90-minute program to celebrate World Intellectual Property Day 2021. The theme of this year’s celebration is “Intellectual property and small businesses: Taking big ideas to market," and will include two live panels.

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.

On October 13, 2020, the Supreme Court agreed to decide whether the Patent Trial and Appeal Board, as created by the AIA, violates the Appointments Clause in Article II of the Constitution. The Court granted certiorari in three consolidated cases (United States v. Arthrex, Inc., et al. 19-1434; Smith & Nephew, Inc., et al. v. Arthrex, Inc., et al., 19-1452; and Arthrex, Inc., v. Smith & Nephew, Inc., et al., 19-1458), but limited its review to two specific questions

In this edition of AIPLA Direct Live, AIPLA President Barbara A. Fiacco asks the Honorable Chris Coons, United States Senator from Delaware, about the state of the intellectual property landscape.