Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2018 Term
Oral Argument Date
February 20, 2019
Lower Court Opinion
Questions Presented
Whether the government is a “person” who may petition to institute review proceedings under the Leahy-Smith America Invents Act.
Case Updates
Supreme Court holds that the federal government is not a “person” authorized to file an inter partes review petition challenging the validity of a patent
June 10, 2019
In a 6-3 opinion written by Justice Sotomayor, the Supreme Court held that the federal government is not a “person” able to challenge the validity of a patent under the American Invents Act (AIA). Return Mail sued the U.S. Postal Service for allegedly infringing its patent. The Postal Service responded by challenging the patent’s validity under the AIA, which allows only a “person” to bring such challenges. The U.S. Court of Appeals for the Federal Circuit concluded that the government is a person, but the Supreme Court reversed, explaining that there is a “longstanding interpretive presumption” that the word “person” does not include the government. This decision will help level the litigation playing field when the Chamber’s members seek compensation from the government for patent infringement. The Chamber filed a brief at the merits stage supporting this result.
U.S. Chamber files amicus brief arguing that the government lacks authority to seek administrative review of patents’ validity under the America Invents Act
December 17, 2018
Click here to view the Chamber’s brief.
Pratik A. Shah, James E. Tysse, and Martine E. Cicconi of Akin Gump Strauss Hauer & Feld LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Cert. Petition -- Return Mail, Inc. v. United States Postal Service (U.S. Supreme Court).pdf
- Appendix -- Return Mail, Inc. v. United States Postal Service (U.S. Supreme Court).pdf
- Brief for Respondents in Opposition -- Return Mail, Inc. v. United States Postal Service (U.S. Supreme Court).pdf
- Kenneth O. Simon Amicus Brief -- Return Mail, Inc. v. United States Postal Service (U.S. Supreme Court).pdf
- 15 Law Professors Amicus Brief -- Return Mail, Inc. v. United States Postal Service (U.S. Supreme Court).pdf
- Reply Brief for Petitioner -- Return Mail, Inc. v. United States Postal Service (U.S. Supreme Court).pdf
- Brief for Petitioner -- Return Mail, Inc. v. United States Postal Service (U.S. Supreme Court).pdf
- U.S. Chamber Amicus Brief -- Return Mail, Inc. v. United States Postal Service (U.S. Supreme Court).pdf
- Opinion -- Return Mail, Inc. v. United States Postal Service (U.S. Supreme Court).pdf