Throughout the course of his career, Jerry Selinger has made a priority to contribute to the greater IP profession. He currently acts as Amicus Committee chair for the prestigious American Intellectual Property Law Association (AIPLA), a national bar association committed to the improvement of the IP system through education, outreach, member service, and advocacy.
Influencing National Patent Policy
In August of 2007, the U.S. Patent and Trademark Office (USPTO) published controversial rules relating to patent prosecution. In a career highlight, Jerry was called upon by the AIPLA to file an amicus brief with the district court to prevent the USPTO from implementing the rules, which limited technology companies from trying to protect their innovations at reasonable cost.
After the district court issued a favorable ruling, AIPLA called upon Jerry to file an amicus brief with the Federal Circuit. In response to the decision from the Federal Circuit panel, Jerry filed an amicus brief in which AIPLA asked the entire court to consider the matter en banc.
After the Federal Circuit agreed to review the matter en banc, the USPTO withdrew the rules, finding that they were “not in accordance with law” and “in excess of statutory jurisdiction [and] authority” of the USPTO (Tafas v. Dudas). For his contribution, the AIPLA awarded Jerry the 2008 Project Award, which recognizes extraordinary effort on an AIPLA project.
Arguing Before the U.S. Supreme Court
In another career highlight, in 1998 Jerry agreed to file a petition for a patent owner who had been turned down by a larger firm because his case was “futile.” Jerry obtained a writ of certiorari to the United States Supreme Court, and argued the case to the Court in an effort to uphold the patent (Pfaff v. Wells Electronics, Inc., 1998).
Consistently moving the industry forward, Jerry has written more than 50 articles relating to patent litigation, some of which have been cited favorably by federal and state appellate and district courts, and taught numerous Continuing Legal Education (CLE) courses.