Legal Opinion

Return Mail, Inc. v. U.S. Postal Serv.

Supreme Court of the United States

Decided June 10, 2019No. 17-1594PublishedCited by 59 opinions

1Opinion of the CourtJustice Sotomayor

*1858 In the Leahy-Smith America Invents Act of 2011, 35 U.S.C. § 100 et seq. , Congress created the Patent Trial and Appeal Board and established three new types of *1859 administrative proceedings before the Board that allow a "person" other than the patent owner to challenge the validity of a patent post-issuance. The question presented in this case is whether a federal agency is a "person" able to seek such review under the statute. We conclude that it is not.

I

A

The Constitution empowers Congress "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and…

Also in this document: Dissent.

2Cases cited24 opinions

  1. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  2. Rowland v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
  3. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  4. Bragdon v. AbbottSupreme Court of the United States · 1998
  5. Microsoft Corp. v. i4i Ltd. PartnershipSupreme Court of the United States · 2011

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3Cited by59 opinions

  1. Reginald Kirtz v. Trans Union LLCCourt of Appeals for the Third Circuit · 2022
  2. Celgene Corporation v. PeterCourt of Appeals for the Federal Circuit · 2019
  3. Regents of the Univ. of Minn. v. Lsi CorporationCourt of Appeals for the Federal Circuit · 2019
  4. In re: FBOP Execution Protocol CasesCourt of Appeals for the D.C. Circuit · 2020
  5. Kearns v. CuomoCourt of Appeals for the Second Circuit · 2020

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