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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!