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

 
DOCKET NO.
17-1594
OP. BELOW
Fed. Cir.
OPINION
June 10, 2019
SUBJECT
Patent
AUTHOR
Sotomayor

Question(s) Presented

“In the Leahy-Smith America Invents Act of 2011, 35 U. S. C. ยง100 et seq., Congress created the Patent Trial and Appeal Board and established three new types of 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.”

Holding

“We conclude that it is not.”

Posts About this Case

Date
Proceedings and Orders
February 16, 2018
Application (17A879) to extend the time to file a petition for a writ of certiorari from March 15, 2018 to May 14, 2018, submitted to The Chief Justice.
February 28, 2018
Application (17A879) granted by The Chief Justice extending the time to file until May 14, 2018.
May 14, 2018
Petition for a writ of certiorari filed. (Response due June 25, 2018)
June 12, 2018
Blanket Consent filed by Petitioner, Return Mail, Inc..
June 22, 2018
Motion to extend the time to file a response from June 25, 2018 to July 25, 2018, submitted to The Clerk.
June 22, 2018
Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2018.
June 25, 2018
Brief amicus curiae of Kenneth O. Simon filed.
June 25, 2018
Brief amici curiae of 15 Law Professors filed.
July 17, 2018
Motion to extend the time to file a response from July 25, 2018 to August 24, 2018, submitted to The Clerk.
July 18, 2018
Motion to extend the time to file a response is granted and the time is further extended to and including August 24, 2018.
August 13, 2018
Motion to extend the time to file a response from August 24, 2018 to September 7, 2018, submitted to The Clerk.
August 13, 2018
Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018.
September 7, 2018
Brief of respondents United States Postal Service, et al. in opposition filed.
September 21, 2018
Reply of petitioner Return Mail, Inc. filed.
September 26, 2018
DISTRIBUTED for Conference of 10/12/2018.
October 22, 2018
DISTRIBUTED for Conference of 10/26/2018.
October 26, 2018
Petition GRANTED limited to Question 1 presented by the petition.
November 26, 2018
Motion to dispense with printing the joint appendix filed by petitioner Return Mail, Inc.
December 10, 2018
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
December 10, 2018
Brief of petitioner Return Mail, Inc. filed.
December 17, 2018
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
December 17, 2018
Brief amici curiae of The Cato Institute and Professor Gregory Dolin filed.
December 17, 2018
Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
December 17, 2018
Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
December 17, 2018
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
December 17, 2018
Brief amici curiae of Seven Law Professors filed.
December 17, 2018
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
December 21, 2018
SET FOR ARGUMENT on Wednesday, February 20, 2019.
January 9, 2019
Brief of respondents United States Postal Service, et al. filed.
January 11, 2019
Record requested from the U.S.C.A. Federal Circuit.
January 15, 2019
CIRCULATED
January 15, 2019
Brief amicus curiae of R Street Institute filed. (Distributed)
January 15, 2019
Record from the U.S. Patent and Trademark Office is located on the U.S. Patent and Trademark Office web site. Instructions to access the record is electronic. The record is complete.
January 16, 2019
Brief amicus curiae of Professor Tejas N. Narechania filed. (Distributed)
January 16, 2019
Motion for leave to file amicus brief filed by Electronic Frontier Foundation.
January 23, 2019
RESCHEDULED FOR ARGUMENT ON Tuesday, February 19, 2019.
January 23, 2019
Record from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete.
February 8, 2019
Reply of petitioner Return Mail, Inc. filed. (Distributed)
February 19, 2019
Motion for leave to file amicus brief filed by Electronic Frontier Foundation GRANTED.
February 19, 2019
Argued. For petitioner: Beth S. Brinkmann, Washington, D. C. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
June 10, 2019
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined.
July 12, 2019
JUDGMENT ISSUED.