High Court to Tackle Whether Government Can Petition PTAB

by | Nov 8, 2018 | Other News, PTAB Trial Basics

By: Emily Tait

UPDATE: Oral Argument was held in this case in February 2019.

On October 26, 2018, the Supreme Court granted certiorari in Return Mail, Inc. v. United States Postal Service, et al. (17-1594) to address whether the U.S. government is a “person” who may petition to institute review proceedings under the AIA.  See http://www.scotusblog.com/case-files/cases/return-mail-inc-v-united-states-postal-service.  A summary of the procedural background and Federal Circuit decision giving rise to Return Mail’s petition is available here.  The Court declined to take up the second issue raised in Return Mail’s petition, i.e. whether a § 1498(a) action for the eminent domain taking of a patent license by the government is a suit for patent “infringement” under the AIA.

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Emily Tait

Emily J. Tait has 15 years of experience counselling clients in all facets of intellectual property law including patent, trademark, copyright, and trade secret litigation in federal courts across the United States, as well as cases involving cybersecurity breaches, software theft, and data piracy.