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 2025

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

A $110 million US verdict against Apple and an appellate order staying a $39 million trademark infringement finding against Amazon were also among the top talking points
Attorneys are watching how AI affects trademark registrations and whether a SCOTUS ruling from last year will have broader free speech implications
Patent lawyers explain why they will be keeping an eye on the implications of a pharma case and on changes at the USPTO in the second half of 2025
The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
Gift this article