Justices Won't Consider If Fed Banks Can Challenge Patents

Law360 (January 11, 2021, 6:19 PM EST) -- The U.S. Supreme Court on Monday denied Bozeman Financial LLC's bid to review whether the Federal Circuit erred in holding that the 12 Federal Reserve banks are distinct from the federal government and so can challenge patents under the America Invents Act.

The case was among those the justices declined to take up in an order issued Monday morning. Bozeman's certiorari petition had argued that the Federal Circuit's decision flouted the Supreme Court's Return Mail ruling, which barred government entities from filing patent challenges because they're not "persons" under the America Invents Act.

The Federal Circuit ruled in April that the...

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