Posts Tagged: NYIPLA


Is the Government a ‘Person’? NYIPLA tells SCOTUS it depends

After reviewing the way the term "person" is used throughout the statute it is clear that in some provisions of the Patent Act, the term necessarily should …

Boston Patent Law Association Announces Support for IPO-AIPLA Section 101 Legislative Fix

The Boston Patent Law Association (BPLA) has announced its support for a proposal for a legislative fix to 35 U.S.C. § 101, the statute governing basic patentability in …
By Steve Brachmann
7 months ago 14

NYIPLA Endorses Patent Office Change to Phillips Claim Construction Standard

The proposed rule would adopt the narrower standard articulated by the Federal Circuit in Phillips v. AWH Corp., where the “words of a claim are generally given …

NYIPLA Files Amicus Brief Advocating for the Supreme Court to Clarify Article III Standing in Appeal from IPR Proceedings

On Friday, July 20, 2018, the New York Intellectual Property Association (“NYIPLA”) filed an amicus brief arguing that the Petition for Writ of Certiorari should be granted in RPX …

NYIPLA Urges SCOTUS to Clarify Constitutionality of PTAB Proceedings in MCM Portfolio LLC v. Hewlett-Packard Co.

This case presents an important constitutional question which the court below decided based on an incomplete analysis of the Supreme Court’s jurisprudence. In the case below, …

The AIA does not restrict judicial review of a final written decision

The AIA and its legislative history do not provide clear and convincing evidence that Congress intended ultra vires agency action by the PTO in holding claims unpatentable …

Only ‘Expenses’ Not ‘Attorney Fees’ Should Be Awarded Under Section 21(b) of the Lanham Act

Section 1071(b)(3) does not expressly or implicitly permit the award of “attorney fees” to the PTO. Specifically, Section 1071(b)(3) states simply that all the expenses of the …

Will SCOTUS Provide Guidance on Judicial Review and Claim Construction for IPR Proceedings?

The NYIPLA asks the Court to grant the petition in order to make clear that judicial review is available when the PTO institutes an IPR proceeding and …

The Mayo Framework Does Not Moot Preemption

While Mayo and Alice presented a two-part "framework" to address when a particular claimed invention preempts a "fundamental principle," neither case purported to have that framework replace …
By Irena Royzman & Alicia Russo
4 years ago 3