Amicus Briefing

Leason Ellis attorneys worked with the New York Intellectual Property Law Association to file various Amicus briefs before the United States Supreme Court and the Federal Circuit.  These include briefing on important intellectual property issues, including:

• Whether in enacting the America Invents Act (AIA), Congress changed the scope of the “on-sale” bar to patentability.

• Whether the government is a “person” who may petition to institute patent review proceedings under the AIA (America Invents Act) before the PTAB (Patent Trial and Appeal Board) of the U.S. Patent and Trademark Office PTAB review proceedings under the AIA.

• Whether, under § 365 of the Bankruptcy Code, when a trademark owner licensor declares bankruptcy and rejects a trademark license agreement – which “constitutes a breach of such contract,” 11 U.S.C. §365(g) – terminates rights of the trademark licensee that would survive the licensor’s breach under applicable non-bankruptcy law.

• The proper scope of fair use of a copyrighted photo used without permission on a third-party website.

• Patent infringement under 35 U.S.C. 271(g), and addressing whether the Federal Insecticide Fungicide and Rodenticide Act (“FIFRA”) precludes copyright protection for the required elements of pesticide labels as against the labels of me-too-registrants.

To learn about our Amicus briefing, click the button below.