American University Washington College of Law regularly invites counsel of record and counsel for selected amici to offer post-argument reflections in intellectual property (and related) cases heard by the Supreme Court. These events are held on the afternoon of oral argument before the Court.
On February 19 and 20, we will hold the next two events in this series. Both events are free and open to the public, though registration is required.
February 19: Return Mail Inc. v. United States Postal Service
Issue: Whether the government is a “person” who may petition to institute review proceedings under the Leahy-Smith America Invents Act.
For more information on Return Mail, including speakers and a link to the live webcast, click here.
February 20: Mission Product Holdings Inc. v. Tempnology, LLC
Issue: Mission Product could settle a circuit split over the fate of trademark licenses in bankruptcy. The question in the case is whether the rejection of a license in bankruptcy terminates a licensee’s right to use licensed trademarks or simply constitutes a breach, which may not preclude the licensee’s continued trademark exploitation.
Section 365(n) of the Bankruptcy Code empowers a nondebtor/licensee of rights to “intellectual property” under a rejected contract with the debtor/licensor “to retain [the licensee’s] rights … under such contract and under any agreement supplementary to such contract, to … intellectual property … as such rights existed immediately before the case commenced…” Section 101(35A) of the Bankruptcy Code, in turn, defines “intellectual property” to include trade secrets, patents, patent applications, plant varieties, copyrights and mask works for semiconductor chip products—but leaves out trademarks.
For more information on Mission Holdings, including speakers and a link to the live webcast, click here.