We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS