Gov't Can't Have It Both Ways In CBM Review, Justices Hear

Law360 (June 26, 2018, 7:50 PM EDT) -- More than a dozen patent and constitutional law professors on Monday urged the U.S. Supreme Court to overturn a ruling that the federal government can challenge patents in the America Invents Act covered business method review program, arguing the U.S. can’t have its cake and eat it, too.

The law professors filed an amicus brief in support of Return Mail Inc., which saw its patent on a system for handling undeliverable mail invalidated at the Patent Trial and Appeal Board in 2015 after the U.S. Postal Service petitioned for CBM review.

In their brief, the group said the federal government enjoys...

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