By: Emily Tait
On October 26, 2018, the Supreme Court granted certiorari in Return Mail, Inc. v. United States Postal Service, et al. (17-1594) to address whether the U.S. government is a “person” who may petition to institute review proceedings under the AIA. See http://www.scotusblog.com/case-files/cases/return-mail-inc-v-united-states-postal-service. A summary of the procedural background and Federal Circuit decision giving rise to Return Mail’s petition is available here. The Court declined to take up the second issue raised in Return Mail’s petition, i.e. whether a § 1498(a) action for the eminent domain taking of a patent license by the government is a suit for patent “infringement” under the AIA.
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