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 2020 Trade Secret Law Summit - Weekly Webinar Series

    August 12 to September 2, 2020   |   Each Session is eligible for 90 minutes of CLE where applicable

    For the first time in this event's history, we are switching to an immersive virtual experience. The 2020 Trade Secret Law Summit will be presented in four easy-to-schedule-around sessions that you can join from your computer or mobile device. 
  • 2020 VIRTUAL PTAB Bench + Bar

    August 20, 2020 3:00 PM to 6:00 PM (Eastern Daylight Time)

    Engage Directly with PTAB Leaders and Judges. Gain an edge by learning about the latest at the PTAB. Register today!
  • AIPLA 2020 Virtual Annual Meeting

    October 22 to 30, 2020

    The AIPLA 2020 Virtual Annual Meeting is your platform to learn, network, and plot the next steps in your career as you find ways to unlock your potential.