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Supreme Court Finding Its Niches in IP

The 2018 term just got more interesting for intellectual property. Well, slightly more interesting. The Supreme Court continued to pick small, niche issues with its cert grant in Return Mail v. USPS. The question presented is whether the U.S. government is a “person” who can petition the Patent Trial and Appeal Board within the meaning of the America Invents Act.

That seems pretty narrow. The government has not been a frequent petitioner at the PTAB. But … you can always expect the unexpected when the Supreme Court takes up AIA cases.