Donald Rupert Authors Amicus Curiae Brief in Pactiv v. Michelle K. Lee

September 22, 2016

Donald W. Rupert, of counsel in the intellectual property litigation practice group at Marshall, Gerstein & Borun, served as Counsel of Record for the Intellectual Property Law Association of Chicago (IPLAC) in a recently filed amicus curiae brief in the U.S. Supreme Court. Mr. Rupert, with the assistance of partner Julianne M. Hartzell, prepared an amicus curiae brief in the case of Pactiv, LLC v. Michelle K. Lee, Undersecretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, Case No. 16-205.

The brief, filed on September 12, 2016, supported Pactiv’s petition for a writ of certiorari asking, the Court to hear an appeal from the Federal Circuit Court of Appeals. Pactiv’s petition argues that both the Patent Office and the Federal Circuit have misconstrued and misapplied the statutes governing ex parte patent reexaminations. IPLAC’s brief notes that the proper construction and application of the statutes in question are important to patent holders, third parties who seek reexaminations, and the public in general. The brief also points to the clear language of the statutes and how application of the statutes by the Federal Circuit and the Patent Office violates the plain meaning of the statutes.

IPLAC is the oldest intellectual property law association in the U.S., operating since 1884. It is highly respected by both local and the national judiciary.