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Analysis

Patent Challenges By Gov't To Face High Court Scrutiny

Law360 (February 14, 2019, 1:41 PM EST) -- The U.S. Supreme Court will hear arguments Tuesday in a case asking if the federal government is a "person" that can challenge patents in America Invents Act reviews, and the answer will shape the outcome of patent suits against the military and other agencies.

The AIA states that "a person" may file a petition seeking to invalidate patents in programs like inter partes review and covered business method review. Return Mail Inc., which accuses the U.S. Postal Service of patent infringement, argues that there is a long-standing presumption that the word "person" doesn't include the government.

The Postal Service responds that...

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