IP Groups, Think Tank Tell Justices Gov't Isn't A 'Person'

Law360 (December 18, 2018, 7:11 PM EST) -- Law professors, intellectual property groups and a think tank are among those who have urged the U.S. Supreme Court to overturn a ruling finding the federal government qualifies as a “person” who can challenge patents in America Invents Act reviews, with many emphasizing a perceived unfairness with the decision.

Several amicus briefs were filed Monday in an appeal brought by Return Mail Inc., an Alabama company whose patent on a system for handling undeliverable mail was invalidated after being challenged in AIA review by the U.S. Postal Service.

The question before the justices is whether the government is a “person” who...

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