News & Analysis as of

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

Knobbe Martens

Patent Owners Cannot Sue the Government for Patent Infringement as a Fifth Amendment Taking

Knobbe Martens on

GOLDEN v. U.S. Before O’Malley, Mayer, and Wallach. Appeal from the United States Court of Federal Claims. Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth...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

Jones Day

Return to Sender: PTAB Denies Government Contractor IPRs

Jones Day on

After the Supreme Court’s 2019 decision in Return Mail, Inc. v. United States Postal Service, 139 S. Ct. 1853 (2019), held that federal agencies are not “persons” eligible to challenge a patent at the PTAB, the government was...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

Quinn Emanuel

November 2019: Patent Litigation Update

Quinn Emanuel on

Recent Decisions on Rights and Immunities of State and Federal Entities Before the PTAB - The Supreme Court and Federal Circuit recently clarified the rights and immunities of government entities in post-issuance review...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

Morrison & Foerster LLP

Courts Eliminate Rights and Immunities of Governments in PTAB

Recently, the Federal Circuit issued a series of decisions that address the rights and immunities that the federal and state government have when they become party to a post-grant proceeding before the Patent Trial and Appeal...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

Snell & Wilmer

Supreme Court: Federal Government Is Not Permitted to Challenge Patents Under the AIA

Snell & Wilmer on

In a recent 6-3 decision, the Supreme Court held that the U.S. Postal Service and other federal agencies are prohibited from challenging the validity of patents post-issuance under the proceedings created by the Leahy-Smith...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

Fish & Richardson

Supreme Court Bars AIA Patent Challenges by the Government in Return Mail Decision

Fish & Richardson on

The Supreme Court ruled Monday in a 6-3 decision that federal agencies may not file America Invents Act (AIA) petitions at the Patent Trial and Appeal Board (PTAB). Return Mail, Inc. v. United States Postal Service et al.,...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

Weintraub Tobin

Supreme Court: Federal Government Cannot Challenge Patents In PTAB

Weintraub Tobin on

The validity of a patent can be challenged in four different types of proceedings: ex parte reexamination, inter partes review, post grant review, and covered business method review. An ex parte reexamination is initiated by...more

Cooley LLP

Alert: Supreme Court: Federal Agencies Cannot Seek Review of an Issued Patent Under the AIA

Cooley LLP on

The US Supreme Court’s decision in Return Mail, Inc. v. U.S. Postal Service removes the ability of federal agencies to seek post-issuance review of a US patent under the inter partes, covered business method or post-grant...more

McDermott Will & Schulte

Federal Agencies Ruled Not ‘Persons,’ May Not Petition for AIA Reviews

The US Supreme Court has now held that a federal agency is not a “person” under the America Invents Act (AIA). Therefore, a federal agency cannot be a petitioner seeking review under the various AIA patent review procedures....more

McCarter & English, LLP

“Oh Yes, Wait A Minute, Mr. Postman” — Supreme Court Says Post Office (And The Government) Can’t Challenge Patents In Patent...

Who — or what — is a “person” authorized under the America Invents Act (“AIA”) to challenge the validity of patents in Patent Office proceeding? That is the question that the Supreme Court answered on Monday, holding that the...more

Eversheds Sutherland (US) LLP

Is the government a person? Sometimes, but not for AIA post-grant patent proceedings

On June 10, the US Supreme Court ruled 6-31 that the Federal Government is not a “person” entitled to institute post-grant proceedings - inter partes review, post-grant review, or covered business method review (CBM review) -...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Return Mail, Inc. v. Postal Service

On June 10, 2019, the Supreme Court of the United States decided Return Mail, Inc. v. Postal Service, No. 17-1594, holding that the United States Postal Service is not “a person” able to seek post-issuance review of...more

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