From the Hill

The ABA-IPL Section and Amicus Briefs—The “Third Half”: Lexmark and Fresenius II

Hayden W. Gregory

©2013. Published in Landslide, Vol. 6, No. 1, September/October 2013, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

Car Talk, the popular National Public Radio program, features two Boston auto mechanic brothers who bring M.I.T. engineering degrees and perverse senses of humor to a call-in show on practical problems of car repair. At mid-program break, listeners are admonished to “stay tuned for the third half of our show.”

Read on for the “third half” of Landslide® magazine’s report on the work of the ABA Section of Intellectual Property Law (ABA-IPL) in selecting, developing, and filing amicus briefs in the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit. In the May/June 2013 issue of Landslide, we announced a two-part series on this activity, the first of which detailed all the effort that must be expended to produce such a brief and provided an overview of the magnitude of the Section’s work over the past dozen years. In the second half, published in the July/August issue, we discussed some of the substantive issues of IP law that have been addressed in the more than 20 briefs that have been filed. In what constitutes breaking news, the emergence in the past weeks of two additional amicus-ripe-and-ready appellate court decisions now inspires this additional half for our two-part report. These decisions have prompted the Section to initiate necessary action required to put it in position to file an ABA amicus brief in the Supreme Court in one or both of these two cases. For details regarding the hoops that must be traversed before a brief can be filed, see “May It Please the Court—the ABA-IPL Section and Amicus Briefs,” in the May/June issue of this magazine.

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