In Return Mail, Inc. v. U.S. Postal Service, the Supreme Court held that the U.S. Government is not a “person” that can institute AIA review proceedings. Return Mail had sued the U.S. Postal Service (USPS) for infringement of U.S. Patent No. 6,826,548. In response, the USPS petitioned the United States Patent and Trademark Office (USPTO) to review the ‘548 patent, the claims of which were subsequently cancelled by the USPTO, and the cancellation affirmed by the Federal Circuit. The Supreme Court granted certiorari, reversed the lower courts, and determined that a federal agency is not a “person” eligible of petitioning for AIA review. In response to the Government’s arguments in favor of eligibility, Justice Sotomayor wrote for the Court: “None Delivers.”
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