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

News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Gift this article