Return Mail, Inc. v. United States Postal Service, U.S., No. 17-1594, amicus brief supporting a petition for certiorari, filed 12/17/2018. December 17, 2018

File Downloads

All documents are in PDF format.

The Federal Circuit erroneously held that the government is a “person” under 35 U.S.C. §321(a) for purposes of petitioning the Patent Trial and Appeal Board to review the validity of a patent in a covered business method proceeding, AIPLA argued to the Supreme Court in a December 17, 2018 amicus brief.

The brief cited case law and the Dictionary Act at 1 U.S.C. 1 for the position that the word “person,” absent an “affirmative showing of statutory intent to the contrary,” excludes the government and its agencies. 

It notes that the Patent Act expressly names the government in 35 U.S.C. §207 to establish its status as a patent owner, and that the same explicit reference should be required for it to be eligible to use the AIA post-grant processes to review patent validity. 

Upcoming Events

  • AIPLA Virtual Water Cooler - July Meetup

    July 14, 2021 3:00 PM to 4:00 PM

    ​Join us on July 14th at 3:00 pm, EDT for our Virtual Water Cooler. Drop in and catch up with colleagues old and new at this informal networking meetup. All are welcome.
  • AIPLA Virtual Water Cooler - August Meetup

    August 4, 2021 3:00 PM to 4:00 PM

    ​Join us on August 4th at 3:00 pm, EDT for our Virtual Water Cooler. Drop in and catch up with colleagues old and new at this informal networking meetup. All are welcome.
  • 2021 Virtual Patent Trial and Appeal Board Bench & Bar

    August 5, 2021 1:00 PM to 5:30 PM

    The 2021 Virtual Patent Trial and Appeal Board Bench & Bar program will be an informative, interactive program covering topics including practical guidance for AIA trials and ex parte appeals, as well as various PTAB initiatives. The PTAB Bench & Bar program is a four-hour program designed for new and experienced practitioners who want useful, timely content to help them in their practice before the PTAB.
  • AIPLA 2021 Annual Meeting

    October 28 to 30, 2021

    Join us at the Gaylord National Harbor for our Annual Meeting, bringing nearly 2,000 professionals together to learn, grow, and share all things intellectual property law.