Judicial Advocacy

AIPLA files amicus briefs in cases that are important to its members, following a long tradition of judicial advocacy. Those briefs are accessible by clicking the relevant year of the case in the navigation column on the left side of this page.

The AIPLA Amicus Committee receives many requests from parties in litigation for the Association's amicus support, and the Committee considers and recommends to the Board of Directors the best cases for AIPLA to join and urge its positions on the cutting edge issues of the law. Although AIPLA welcomes the views of the parties to the dispute, the AIPLA amicus positions are the product of independent consideration by the Committee and the Board of Directors, based on the law and an their understanding of policy and legal questions in dispute.



Interested in Requesting AIPLA Consideration for Amicus Support?

For more information on how to request AIPLA's consideration for amicus support and to learn more about the process, please click HERE.

Learn More About the Amicus Committee Leadership


For information about the Amicus Committee and it's current leadership, please click HERE.

Click the tabs below to explore some of AIPLA's judicial advocacy:

2021
  • UNICOLORS, INC., v. H&M HENNES & MAURITZ, L.P., Docket No. 20-915, amicus brief filed 8/10/2021

    August 10, 2021

    <p>On August 10, 2021, AIPLA filed an amicus brief in the Supreme Court case, <em>Unicolors, Inc., v. H&amp;M Hennes &amp; Mauritz, L.P</em>. (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.</p>
  • EZAKI GLICO CO. v. LOTTE INTERNATIONAL AMERICA CORP., Docket No. 20-1817, amicus brief filed 7/29/2021

    July 29, 2021

    <p>On July 29, 2021, AIPLA filed an amicus brief in the Supreme Court case, <em>Ezaki Glico Co. v. Lotte International America Corp.</em> (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.</p>
  • MINERVA SURGICAL, INC., v. HOLOGIC, INC., et al., Docket Nos. 20-440, amicus brief filed 3/1/2021

    March 1, 2021

    AIPLA's amicus brief generally supports keeping the doctrine of assignor estoppel without supporting either party’s position, but allowing for certain exceptions consistent with the findings in Westinghouse Elec. &amp; Mfg. Co. v. Formica Insulation Co., 266 U.S. 342, 348 (1924). The brief distinguishes assignor estoppel from the doctrine of licensee estoppel that was abolished in Lear, Inc. v. Adkins, 395 U.S. 653 (1969), and also outlines the profound risks and cloud of uncertainty around assigned patents that might occur should the Court abolish assignor estoppel.
2020
2019
2018
2017

Judicial Advocacy Archives

To see amicus briefs filed by AIPLA from previous years, please click here

Recent Advocacy

  • AIPLA Submits Comments Regarding the Draft Revision to the Chinese Patent Examination Guidelines (Draft for Solicitation of Comments)

    September 21, 2021

    <p>On September 21, 2021, AIPLA submitted comments to the China National Intellectual Property Administration (CNIPA) regarding the Draft Revision to the Chinese Patent Examination Guidelines (Draft for Solicitation of Comments). AIPLA provided comments and suggestions on more than fifteen guidelines outlined in a table format for readability. With respect to patent term compensation due to unreasonable delay at the CNIPA, drug patent term extension, and open license, in addition to seeking various classifications, AIPLA submitted a number of suggestions.</p>
  • UNICOLORS, INC., v. H&M HENNES & MAURITZ, L.P., Docket No. 20-915, amicus brief filed 8/10/2021

    August 10, 2021

    <p>On August 10, 2021, AIPLA filed an amicus brief in the Supreme Court case, <em>Unicolors, Inc., v. H&amp;M Hennes &amp; Mauritz, L.P</em>. (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.</p>
  • AIPLA Submits Joint Letter Expressing Concern About USPTO Funding in FY 2022

    July 29, 2021

    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.
  • EZAKI GLICO CO. v. LOTTE INTERNATIONAL AMERICA CORP., Docket No. 20-1817, amicus brief filed 7/29/2021

    July 29, 2021

    <p>On July 29, 2021, AIPLA filed an amicus brief in the Supreme Court case, <em>Ezaki Glico Co. v. Lotte International America Corp.</em> (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.</p>
  • AIPLA Submits Comments on Notice of Proposed Rulemaking Regarding Changes to Implement Provisions of the Trademark Modernization Act of 2020

    July 19, 2021

    <p>On July 19, 2021, AIPLA submitted comments to the United States Patent and Trademark Office (USPTO) regarding the Notice of Proposed Rulemaking (NPRM) Regarding Changes to Implement Provisions of the Trademark Modernization Act (TMA) of 2020. The comments addressed seven aspects of the NPRM: (1) ex parte expungement and reexamination proceedings; (2) the petition filing fee; (3) the identification of the real party in interest in a petition; (4) flexible response periods; (5) letters of protest; (6) attorney recognition; and (7) the proposed burden hours for private sector respondents.</p>