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The End Of AIA Patent Challenges By Gov't

Law360 (June 12, 2019, 5:40 PM EDT) -- This week, in Return Mail Inc. v. United States Postal Service, the U.S. Supreme Court held that the federal government is not a “person” capable of petitioning for post-issuance review under the Leahy-Smith America Invents Act. On its face, the court’s decision limits the government’s ability to challenge the validity of patents outside of court. Yet, the practical reach of the decision may be more limited in light of the government’s infrequent use of the AIA post-issuance review proceedings. This article examines the Return Mail decision and its potential consequences.

Factual Background

Return Mail owns U.S. Patent No. 6,826,548, which claims...

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