High Court Scrutinizing Gov't Use Of AIA Reviews

Law360 (February 21, 2019, 5:22 PM EST) -- On Feb. 19, 2019, the U.S. Supreme Court heard oral argument in Return Mail Inc. v. U.S. Postal Service. The question before the court was whether the government is a "person" who may petition to institute post-issuance patent review proceedings under the 2011 Leahy-Smith America Invents Act. The court is expected to issue a decision by this summer.

The court's decision will impact who may initiate inter partes review, post-grant review and covered business method review proceedings. Although the outcome is unclear, during oral argument the justices appeared unpersuaded that the Postal Service had adequately rebutted the court's long-standing presumption that...

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