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Main image for AIA Case at High Court May Be about More Than Patents
News|Quote

AIA Case at High Court May Be about More Than Patents

Law360

10.30.2018

Agreeing to consider whether the federal government can challenge patents in America Invents Act reviews, the U.S. Supreme Court is in position to use a narrow patent law issue to make a broader statement about the power of government agencies.

The Supreme Court on Friday granted a petition for writ of certiorari by Return Mail Inc., a small Alabama company whose patent on a system for handling undeliverable mail was invalidated after being challenged by the U.S. Postal Service.

Erik Belt, a partner at McCarter & English LLP, said at first glance Return Mail’s case wouldn’t appear to have a wide enough impact to warrant interest from the Supreme Court. He suggested the justices may want to use the case to make a larger statement about agency power and the definition of “person.”

“It might be an avenue to say something more, which will affect a broader swath of people,” he said.

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