ABA Section of Intellectual Property Law

ABA Section of Intellectual Property Law
Name	ABA Section of Intellectual Property Law
Formed	1923
Headquarters	Chicago, Illinois
Parent organization	American Bar Association

Contents

ABA Section of Intellectual Property Law

The ABA Section of Intellectual Property Law is a professional unit of the American Bar Association focused on intellectual property law matters such as patent law, trademark law, copyright law, and trade secret law. It engages with actors including the United States Supreme Court, the Federal Circuit (United States), the United States Patent and Trademark Office, and international bodies like the World Intellectual Property Organization and the European Patent Office. Members often collaborate with firms such as Skadden, Arps, Slate, Meagher & Flom, institutions like Harvard University, Stanford University, and agencies including the United States Department of Justice, influencing litigation strategy, policy, and education.

History

Founded in the wake of early 20th-century shifts in patent and copyright jurisprudence, the Section traces roots to ABA efforts contemporaneous with the 1923 United States Supreme Court era and evolving alongside decisions from the Supreme Court of the United States and the establishment of the United States Court of Appeals for the Federal Circuit. Its development intersected with landmark matters such as litigation before the Supreme Court of the United States in cases comparable to Sony Corp. of America v. Universal City Studios, Inc. and the institutional expansion modeled after organizations like the New York State Bar Association and the Federal Bar Association. Over decades, the Section adapted to statutory reforms like the Patent Act amendments and interacted with international accords such as the Agreement on Trade-Related Aspects of Intellectual Property Rights.

The Section operates within the American Bar Association structure alongside sections like the Section of Antitrust Law and Section of Litigation, with leadership elected from firms including Jones Day, Latham & Watkins, and academic appointments at Columbia Law School, Yale Law School, and University of Chicago Law School. Committees focus on areas tied to specialized tribunals such as the Patent Trial and Appeal Board and institutions like the World Trade Organization. Membership attracts judges from courts such as the United States Court of Appeals for the Federal Circuit, partners from firms like Morrison & Foerster, in-house counsel from corporations including Apple Inc. and Microsoft, and scholars affiliated with Georgetown University Law Center and University of California, Berkeley.

The Section publishes periodicals and resources comparable to offerings by Oxford University Press and Cambridge University Press, including a flagship journal, newsletters, practice guides, and model rules. Its programs generate materials cited in briefs before the Supreme Court of the United States and analyses paralleling reports from think tanks such as the Brookings Institution and the American Enterprise Institute. Resources cover doctrinal topics reflected in cases like Alice Corp. v. CLS Bank International and statutory frameworks such as the Lanham Act, offering comparative perspectives involving the European Patent Office and World Intellectual Property Organization norms.

The Section drafts policy statements and files amicus briefs in matters before courts including the Supreme Court of the United States, the United States Court of Appeals for the Federal Circuit, and state high courts such as the New York Court of Appeals. Its advocacy addresses statutes like the Patent Act, the Lanham Act, and international instruments such as the Agreement on Trade-Related Aspects of Intellectual Property Rights, engaging stakeholders including the United States Patent and Trademark Office, the United States Department of Justice, and legislative bodies like the United States Congress. The Section’s briefs have been referenced in precedent-setting disputes analogous to eBay Inc. v. MercExchange, L.L.C. and Kirtsaeng v. John Wiley & Sons, Inc..

The Section organizes CLE programs and conferences in partnership with venues and institutions such as American University Washington College of Law, New York University School of Law, and facilities in cities like Chicago, Washington, D.C., and San Francisco. Signature events include annual meetings, symposia on developments following decisions from the Supreme Court of the United States and the Federal Circuit (United States), and workshops addressing practice before the United States Patent and Trademark Office and comparative dialogues with the European Patent Office and World Intellectual Property Organization. Programs attract speakers from academia, firms like Kirkland & Ellis, and corporations including Google LLC and IBM.

The Section confers awards and honors that echo recognitions from bodies such as the American Bar Association and legal academies including the American Law Institute, celebrating achievements by litigators, scholars, and policymakers. Awardees often include judges from the United States Court of Appeals for the Federal Circuit, professors from Harvard Law School and Stanford Law School, and counsel from firms like WilmerHale and corporations such as Pfizer. These honors highlight contributions to doctrinal development in areas governed by statutes like the Patent Act and the Lanham Act and interactions with institutions like the United States Patent and Trademark Office and the World Intellectual Property Organization.