Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

LAW360 REPORTS ON AMICUS BRIEF FILED IN RETURN MAIL V. US POSTAL SERVICE WITH U.S. SUPREME COURT

December 18, 2018

IP Groups, Think Tank Tell Justics Gov't Isn't A 'Person'
Law360 (December 18, 2018)

By Matthew Bultman

https://www.law360.com/articles/1112608/ip-groups-think-tank-tell-justices-gov-t-isn-t-a-person
(available by subscription only)

Law 360 report:

The New York Intellectual Property Law Association has a somewhat different view.

While the NYIPLA said it might be that the government cannot petition for CBM review, the group said the government may still be a “person” able to file IPRs and PGRs. It said the AIA’s provision dealing with CBMs was “more limiting.”

“The NYIPLA respectfully urges that, despite the broad wording of the question presented, the holding in this case be expressly limited to CBMs (leaving the question for IPRs and PGRs open for decision on another day in a factually more appropriate vehicle),” the group wrote.

***

The NYIPLA is represented by Charles R. Macedo, David P. Goldberg and Jung S. Hahm of Amster Rothstein & Ebenstein LLP, Peter Thurlow of Polsinelli PC, Robert M. Isackson of Leason Ellis LLP, and Robert J. Rando of The Rando Law Firm PC.

A copy of NYIPLA's Amicus Brief is available here.


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