Federal Reserve Banks Can't Challenge Patents, Justices Told

Law360 (September 16, 2020, 4:57 PM EDT) -- The U.S. Supreme Court has been asked to review whether Federal Reserve banks are distinct enough from government entities such that they can challenge patents at the Patent Trial and Appeal Board.

In a Sept. 8 certiorari petition docketed Monday, Bozeman Financial LLC urged the justices to take up its appeal of the Federal Circuit's April decision that the high court's Return Mail ruling, which bars government entities from filing patent challenges because they're not "persons" under the America Invents Act, does not apply to Federal Reserve banks.

Bozeman said the appeals court "fashion[ed] a formalistic test of its own creation" in finding that...

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