SCOTUS to review Postal Service patent case

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 SHARED ros bottom lb

More from across our site

Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
Sheppard, which has hired 14 IP partners in the last 12 months, has cited client demand for expert counsel in SEP, ITC, and district court disputes
Tingxi Huo joins our ‘Five minutes with’ series to discuss boosting the value of clients’ IP and the importance of reflection
Hefty legal teams assembled for a three-day hearing in what was the court’s first foray into SEPs since Unwired Planet v Huawei
IP firm's new base will be located inside the tallest office space in the UK's ‘second city’
Practitioners at four firms across Asia and Europe share the do’s and don’ts of mindful networking ahead of the INTA Annual Meeting
Brand Action explains why the IP community can be a force for good in the world as thousands of professionals prepare to head to London for INTA’s Annual Meeting
The firm, which has also hired a senior trademark leader to lead operations in the region, believes greater China to be one of the most important IP jurisdictions
Attorneys at Gibson Dunn share why plaintiffs’ growing reliance on DMCA anti-circumvention claims in AI scraping cases exposes a critical vulnerability
Tom Carver, who spent the last 18 months sailing the Mediterranean, tells Managing IP why he’s ready to return to land
Gift this article