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AIPLA 2021 Spring Meeting
May 10 to 14, 2021
We're looking for a great week of learning, sharing, and connecting. We are bringing together a diverse, global community of law firms, companies, and institutions involved in the practice of patent, trademark, copyright, trade secret, and other unfair competition laws at AIPLA's 2021 Virtual Spring Meeting. Scheduled from Monday, May 10 to Friday, May 14, the Spring Meeting has topics of interest to a wide range of IP practice. And don't worry, we'll be back in Seattle for the 2023 Spring Meeting.
View the SCHEDULE AT A GLANCETopics and sessions include:
- Filing Requirements with Inventors in Multiple Countries
- An Update on Special Programsfrom the USPTO
- Patent Prosecution: PCT, Ex Parte Appeals, and Overcoming Obviousness
- Copyright and Music Sampling,
- Trademark Application Best Practices
- The Intersection Between Patent Prosecution and Patent Litigation
- IP Lessons of the Pandemic and Leading Your Team and Litigating Cases in a Post Covid-19 World
- IP in the Supreme Court: A Review of Recent Decisions
- Design Patent Litigation in District Courts
- Interplay between District Court and PTAB Litigation
- ETHICS: Cannabis and the Law
- Who Decides Role of Judges and Juries in IP Cases
- Patent Pools in the Age of IoTs, 5G and NextGen Video Codecs: The Impact of FTC v. Qualcomm
- Copyright and Fan Fiction Cosplay
- Recent Impact of Supreme Court Trademark Decisions, and the USPTO’s Use of Failure-to-Function and Ornamentation Refusal
- ETHICS: Civility, Professionalism and Mental Health in Difficult Times
- Trade Secret: Using Patents, Trademarks, and Copyright to Preserve and Protect Trade Secrets and Balancing Privacy and Protection
- Biotechnology and Chemical Arts Patent Law Update
- Corporate Practice: Remote Notary Services, IP Protection in a Work-From-Home World, IP and Distressed Companies, and Data,Data Everywhere
Thank you to our sponsors!
UNICOLORS, INC., v. H&M HENNES & MAURITZ, L.P., Docket No. 20-915, amicus brief filed 8/10/2021
August 10, 2021On 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.
AIPLA Submits Joint Letter Expressing Concern About USPTO Funding in FY 2022
July 29, 2021On 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, 2021On 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.
AIPLA Submits Comments on Notice of Proposed Rulemaking Regarding Changes to Implement Provisions of the Trademark Modernization Act of 2020
July 19, 2021On 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.
Supreme Court Rules to Keep the Doctrine of Assignor Estoppel in Minerva v. Hologic
June 29, 2021On 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.