News & Analysis as of

Patent Trial and Appeal Board Return Mail Inc v United States Postal Service

McDonnell Boehnen Hulbert & Berghoff LLP

Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc. (Fed. Cir. 2023)

One of the many changes introduced into U.S. patent law by the Leahy-Smith America Invents Act were provisions for post-grant review (PGR) and inter partes review (IPR).  There have been thousands of these proceedings...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bozeman Financial LLC v. Federal Reserve Bank (Fed. Cir. 2020)

Less than two years ago, in Return Mail, Inc. v. U.S. Postal Service, 139 S. Ct. 1853 (2018), the Supreme Court held that a government entity -- in that case, the U.S. Postal Service -- is not a "person" under the America...more

Tarter Krinsky & Drogin LLP

Key 2019 Decisions Impacting Patent Law

In 2019, both the Supreme Court and the Court of Appeals for the Federal Circuit issued decisions that will significantly affect patent law practice. Supreme Court Cases- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - October 2019

Nothing Personal: Supreme Court Says Feds Lack Post-Grant Standing - With post-grant trials passing their seventh anniversary, the courts are still working out the kinks. The U.S. Supreme Court has already provided...more

Ladas & Parry LLP

Return Mail Inc. v. United States Postal Service

Ladas & Parry LLP on

On June 20, 2019, the United States Supreme Court held that government entities could not be considered “persons” entitled to challenge patents owned by others before the Patent Trial and Appeal Board (PTAB)....more

Goodwin

Issue Seventeen: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - June 2019: Supreme Court Eliminates Government as a Party Who Can File AIA Action at PTAB

In Return Mail, Inc. v. U.S. Postal Serv., 17-1594, Justice SOTOMAYOR wrote for the majority to overturn a Federal Circuit decision that the U.S. Postal Service had standing to petition for covered business method review. The...more

Jones Day

Federal Agencies May Not Challenge Patents in AIA Post-Issuance Proceedings

Jones Day on

The Supreme Court ruled in Return Mail that a federal agency is not a "person" who may challenge an issued patent in inter partes review, post-grant review, or CBM review under the AIA. In its 6–3 decision in Return Mail,...more

Faegre Drinker Biddle & Reath LLP

Return Mail v. Postal Service: The Supreme Court Rules the Federal Government May Not Petition for Institution of Post-Issuance...

In a 6-3 opinion authored by Justice Sotomayor, the Supreme Court held that the Federal Government is not a “person” capable of petitioning the Patent Trial and Appeal Board (“PTAB”) to institute patent review proceedings...more

Williams Mullen

Supreme Court Holds that Government Agencies May Not Use AIA Proceedings to Challenge Patents

Williams Mullen on

On June 10, 2019 the United States Supreme Court held in Return Mail, Inc. v. United States Postal Service, 587 U.S. ____ (2019) that agencies of the federal government cannot challenge the validity of a patent via USPTO...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2019 #2

The Supreme Court and the Federal Circuit issued three precedential opinions this week concerning matters of first impression involving inter partes reviews, two of which concern the status of government actors in the...more

Stinson LLP

Supreme Court Decides Federal Government May Not Challenge Patent Validity in the Patent Office Under the AIA

Stinson LLP on

On June 10, 2019 in a 6-to-3 decision, Return Mail v. United States Postal Service, No. 17–1594, the U.S. Supreme Court decided that, based on principles of statutory interpretation, a federal agency is not a “person” that...more

Bradley Arant Boult Cummings LLP

High Court Says Federal Agencies Cannot Seek AIA Patent Challenges

Earlier this week, the United States Supreme Court reversed the Federal Circuit’s finding that the government is a “person” eligible to petition for post-issuance AIA review proceedings. This 6-3 decision, Return Mail, Inc....more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Supreme Court Issues Ruling in Return Mail v. U.S. Postal Service Prohibiting Federal Agencies from Seeking AIA Review

In a 6-3 decision rendered earlier on June 10, 2019, the Supreme Court decided that federal agencies are not “persons” who can petition for post-issuance review of patents under the America Invents Act (AIA).  Thus, the...more

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