SCOTUS to review Postal Service patent case
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

SCOTUS to review Postal Service patent case

US Supreme Court Joao 168

Cert granted in Return Mail v United States Postal Service, which asks whether the government is a "person" who may petition to institute review proceedings under the AIA

US Surpreme Court Joao

The Supreme Court yesterday granted cert to Return Mail v United States Postal Service. In this case, an Alabama company accused the Postal Service of improperly convincing the Patent Trial and Appeal Board to cancel its patent for a mail processing system.

The court granted cert to only the firstquestion presented, which is: “Whether the government is a 'person' who may petition to institute review proceedings under the AIA.”

John O’Quinn, partner at Kirkland & Ellis, commented: “The Court is once again taking a case to work through statutory interpretation questions in the AIA.

“In this case, the Court is confronted with the meaning of the term ‘person’, which can be fairly broad.  However, the question is really whether one agency of the government can be in the business of challenging whether another agency of the government erred in issuing a patent -- if one federal agency and another disagree, they normally do not litigate over it.  So it’s against that backdrop that the Supreme Court has to interpret the meaning of ‘person’.”

Ropes & Gray IP litigation attorneys Scott McKeown and Matt Rizzolo commented in a statement: “It’s worth noting that Supreme Court’s grant in Return Mail bears an interesting resemblance to how SAS Institute v Iancu, decided this past term, found its way to the Court – with Judge Newman dissenting from the Federal Circuit’s opinion on a discrete issue of statutory interpretation, followed by a successful cert petition on that same issue.”

This is the fourth IP case the Supreme Court has taken on this term, making it two patent cases and two copyright cases.

more from across site and ros bottom lb

More from across our site

Ireland joining the UPC would offer plenty of opportunities to local attorneys but there are fears that upcoming referendum could get ‘lost in the noise’
Attorneys at four firms reveal the business opportunities that stem from patent licensing agreements in the life sciences sector
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Counsel at four firms explain their lateral hiring policies and how they retain existing lawyers
Lori Gordon, who has joined from Perkins Coie, says she hopes to turn Goodwin into a 'premier' destination for PTAB work
The LMG Life Sciences Awards is thrilled to present the shortlist for the 2024 EMEA Awards.
Partners at LeanWill Law Firm, a newly launched domestic firm in China, discuss IP opportunities and which clients they plan to target
Each week Managing IP speaks to a different IP lawyer about their life and career
A survey of more than 25,000 in-house lawyers reveals that embracing technology could help law firms win new business
John Mulgrew, vice president of IP at Lenovo, says the EU's proposed regulation will readdress imbalances in the bargaining power of SEP owners and implementers
Gift this article