News & Analysis as of

Post-Grant Review Supreme Court of the United States Covered Business Method Proceedings

Jones Day

Return to Sender: PTAB Denies Government Contractor IPRs

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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

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

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

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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

Snell & Wilmer

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

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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

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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

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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 & Emery

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

McDermott Will & Emery on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Return Mail, Inc. v. United States Postal Service (2019)

In a 6-3 decision, the Supreme Court today held that federal government agencies cannot avail themselves of America Invents Act (AIA) post-grant proceedings.  This decision was based on the Court's determination that the...more

Foley & Lardner LLP

U.S. Government Cannot Bring AIA Patent Challenges

Foley & Lardner LLP on

On June 10, 2019, the U.S. Supreme Court held that the U.S. government cannot challenge the validity of a U.S. patent in any AIA review proceeding (inter partes review, post-grant review, or covered business method review)....more

WilmerHale

Supreme Court Vacates Federal Circuit Decision Defining the Scope of CBM Review

WilmerHale on

On May 14, 2018, the Supreme Court granted WilmerHale client PNC Bank National Association's (PNC Bank) petition for writ of certiorari and vacated a decision of the US Court of Appeals for the Federal Circuit restricting the...more

Snell & Wilmer

Supreme Court Confirms Inter Partes Review Is Constitutional

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In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the United States Supreme Court held today, in a 7-2 decision, that the inter partes review process under the America Invents Act (AIA), 35 U.S.C. § 100 et...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oil States Energy Services, LLC. v. Greene's Energy Group, LLC (2018)

Earlier today, April 24, 2018, the Supreme Court held in Oil States Energy Services, LLC v. Greene's Energy Group, LLC that inter partes review proceedings do not violate Article III or the Seventh Amendment of the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Hears Argument in SAS Institute, Inc. v. Complementsoft, LLC

Perhaps overlooked in the widespread assessments of the Supreme Court's questioning of the parties in Oil States Energy Services, LLC. v. Greene's Energy Group, LLC is the argument before the Court in SAS Institute, Inc. v....more

McDonnell Boehnen Hulbert & Berghoff LLP

Is a Patent a Private or Public Right? -- Supreme Court Hears Oral Arguments in Oil States Energy Services, LLC. v. Greene's...

Leading up to the Supreme Court oral argument for Oil States Energy Services, LLC. v. Greene's Energy Group, LLC on November 27, 2017, there was a lot of discussion regarding whether patents were a private or public right. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oil States Energy Services, LLC v. Greene's Energy Group, LLC -- Positions Taken in Selected Amicus Curiae Briefs

On November 27, 2017, the Supreme Court considered the question of whether the inter partes review process established by the U.S. Patent and Trademark Office in implementing portions of the Leahy-Smith America Invents Act or...more

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