Posted on 27 December 2018
Leason Ellis attorneys participated in drafting amicus briefs in two cases recently submitted to the U.S. Supreme Court on behalf of the New York Intellectual Property Law Association. The first was in Return Mail, Inc. v. United States Postal Service, et al. Case 17-1594, a case concerning whether the US Postal Service qualifies as a “person” who could commence a covered business method review of a patent under the America Invents Act, after the patent owner commenced a taking action against the USPS under 28 USC § 1498. The second was in Mission Product Holdings, Inc. v. Tempnology, LLC, Case No. No. 17-1657, a case addressing the rights of a trademark licensee to continue to use a trademark after a licensor declares bankruptcy and rejects the license agreement. Rob Isackson, who is currently the Second Vice President and Liaison to the Amicus Briefs Committee of the NYIPLA, participated in the first brief. Marty Schwimmer led the Leason Ellis team on the second brief, assisted by Rob and Christina Sauerborn. You can find the briefs at https://www.nyipla.org/images/nyipla/Amicus/ReturnMailv.USPS.pdf and https://www.nyipla.org/images/nyipla/Amicus/MissionProductsInc.v.Tempnology,LLC..pdf.