The End Of AIA Patent Challenges By Gov't

By Scott Felder and Alexander Owczarczak (June 12, 2019, 5:40 PM EDT) -- This week, in Return Mail Inc. v. United States Postal Service, the U.S. Supreme Court held that the federal government is not a "person" capable of petitioning for post-issuance review under the Leahy-Smith America Invents Act. On its face, the court's decision limits the government's ability to challenge the validity of patents outside of court. Yet, the practical reach of the decision may be more limited in light of the government's infrequent use of the AIA post-issuance review proceedings. This article examines the Return Mail decision and its potential consequences....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

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!