The newest members of the Supreme Court continued to assert themselves in patent cases Tuesday, but it wasn’t clear whether their views will garner a majority in Return Mail v. U.S. Postal Service.
The question in Return Mail is whether the government is a “person” within the meaning of the America Invents Act (AIA), and can therefore attack the validity of patents in covered business method review proceedings at the U.S. Patent and Trademark Office.
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