American University Washington College of Law, Program on Information Justice and Intellectual Property, recently hosted the following SCOTUS Series Events:

February 19, 2019 – 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, 2019: Mission Product Holdings, Inc. v. Tempnonogy Inc.

  • 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.