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.

Arlington, VA. June 20, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the United States Patent and Trademark Office in response to its Advance Notice of Proposed Rulemaking published in 88 Fed. Reg. 77, at 24503 (April 21, 2023) (ANPRM) on “Changes Under Consideration to Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings Before the Patent Trial and Appeal Board.”

Arlington, VA. June 12, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments on the USPTO’s (i.e., Office’s) recent Trademark Fee Setting and Adjusting Proposal to the Trademark Public Advisory Committee (“Fee Proposal”).

On May 18, 2023, the Supreme Court ruled that the Andy Warhol Foundation (AWF) violated Lynn Goldsmith’s copyright. As advocated in AIPLA’s Amicus Brief filed on June 17, 2022, the Court confirmed that a fair use analysis involves weighing all the statutory factors, and that a fair use analysis is an objective inquiry. To read the opinion of the Court, please click here.

On May 18, 2023, the Supreme Court unanimously upheld the U.S. Court of Appeals for the Federal Circuit’s decision finding Amgen’s patent invalid. This ruling is consistent with the amicus brief filed by AIPLA on February 10, 2023. To read the opinion of the Court, please click here.