Return Mail Inc. v. United States Postal Service
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1594 | Fed. Cir. | Feb 19, 2019 | Jun 10, 2019 | 6-3 | Sotomayor | OT 2018 |
Holding: The federal government is not a "person" capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on June 10, 2019. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg and Kagan joined.
SCOTUSblog Coverage
- Opinion analysis: Justices reject government right to challenge patents in administrative process (Ronald Mann, June 11, 2019)
- Argument analysis: Justices seem divided about government right to challenge patents in administrative process (Ronald Mann, February 19, 2019)
- A "view" from the courtroom: Back to the bench for Justice Ginsburg (Mark Walsh, February 19, 2019)
- OT2018 #19: "Fake Mootness" (First Mondays, February 18, 2019)
- Argument preview: Justices to consider ability of government to challenge patents in administrative process (Ronald Mann, February 12, 2019)
- OT2018 #5: "Arbitration Nation" (First Mondays, October 31, 2018)
- Justices add three new cases to this term's docket (Amy Howe, October 26, 2018)
- Petition of the day (Aurora Barnes, June 5, 2018)
| Date | Proceedings and Orders |
|---|---|
| 02/16/2018 | 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. |
| 02/28/2018 | Application (17A879) granted by The Chief Justice extending the time to file until May 14, 2018. |
| 05/14/2018 | Petition for a writ of certiorari filed. (Response due June 25, 2018) |
| 06/12/2018 | Blanket Consent filed by Petitioner, Return Mail, Inc.. |
| 06/22/2018 | Motion to extend the time to file a response from June 25, 2018 to July 25, 2018, submitted to The Clerk. |
| 06/22/2018 | Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2018. |
| 06/25/2018 | Brief amicus curiae of Kenneth O. Simon filed. |
| 06/25/2018 | Brief amici curiae of 15 Law Professors filed. |
| 07/17/2018 | Motion to extend the time to file a response from July 25, 2018 to August 24, 2018, submitted to The Clerk. |
| 07/18/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including August 24, 2018. |
| 08/13/2018 | Motion to extend the time to file a response from August 24, 2018 to September 7, 2018, submitted to The Clerk. |
| 08/13/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018. |
| 09/07/2018 | Brief of respondents United States Postal Service, et al. in opposition filed. |
| 09/21/2018 | Reply of petitioner Return Mail, Inc. filed. |
| 09/26/2018 | DISTRIBUTED for Conference of 10/12/2018. |
| 10/22/2018 | DISTRIBUTED for Conference of 10/26/2018. |
| 10/26/2018 | Petition GRANTED limited to Question 1 presented by the petition. |
| 11/26/2018 | Motion to dispense with printing the joint appendix filed by petitioner Return Mail, Inc. |
| 12/10/2018 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 12/10/2018 | Brief of petitioner Return Mail, Inc. filed. |
| 12/17/2018 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. |
| 12/17/2018 | Brief amici curiae of The Cato Institute and Professor Gregory Dolin filed. |
| 12/17/2018 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. |
| 12/17/2018 | Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed. |
| 12/17/2018 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 12/17/2018 | Brief amici curiae of Seven Law Professors filed. |
| 12/17/2018 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 12/21/2018 | SET FOR ARGUMENT on Wednesday, February 20, 2019. |
| 01/09/2019 | Brief of respondents United States Postal Service, et al. filed. |
| 01/11/2019 | Record requested from the U.S.C.A. Federal Circuit. |
| 01/15/2019 | CIRCULATED |
| 01/15/2019 | Brief amicus curiae of R Street Institute filed. (Distributed) |
| 01/15/2019 | 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. |
| 01/16/2019 | Brief amicus curiae of Professor Tejas N. Narechania filed. (Distributed) |
| 01/16/2019 | Motion for leave to file amicus brief filed by Electronic Frontier Foundation. |
| 01/23/2019 | RESCHEDULED FOR ARGUMENT ON Tuesday, February 19, 2019. |
| 01/23/2019 | Record from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete. |
| 02/08/2019 | Reply of petitioner Return Mail, Inc. filed. (Distributed) |
| 02/19/2019 | Motion for leave to file amicus brief filed by Electronic Frontier Foundation GRANTED. |
| 02/19/2019 | Argued. For petitioner: Beth S. Brinkmann, Washington, D. C. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| 06/10/2019 | 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. |
| 07/12/2019 | JUDGMENT ISSUED. |