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Return Mail Inc. v. United States Postal Service

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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

DateProceedings and Orders (key to color coding)
Feb 16 2018Application (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.
Feb 28 2018Application (17A879) granted by The Chief Justice extending the time to file until May 14, 2018.
May 14 2018Petition for a writ of certiorari filed. (Response due June 25, 2018)
Jun 12 2018Blanket Consent filed by Petitioner, Return Mail, Inc..
Jun 22 2018Motion to extend the time to file a response from June 25, 2018 to July 25, 2018, submitted to The Clerk.
Jun 22 2018Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2018.
Jun 25 2018Brief amicus curiae of Kenneth O. Simon filed.
Jun 25 2018Brief amici curiae of 15 Law Professors filed.
Jul 17 2018Motion to extend the time to file a response from July 25, 2018 to August 24, 2018, submitted to The Clerk.
Jul 18 2018Motion to extend the time to file a response is granted and the time is further extended to and including August 24, 2018.
Aug 13 2018Motion to extend the time to file a response from August 24, 2018 to September 7, 2018, submitted to The Clerk.
Aug 13 2018Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018.
Sep 07 2018Brief of respondents United States Postal Service, et al. in opposition filed.
Sep 21 2018Reply of petitioner Return Mail, Inc. filed.
Sep 26 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 22 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 26 2018Petition GRANTED limited to Question 1 presented by the petition.
Nov 26 2018Motion to dispense with printing the joint appendix filed by petitioner Return Mail, Inc.
Dec 10 2018Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 10 2018Brief of petitioner Return Mail, Inc. filed.
Dec 17 2018Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Dec 17 2018Brief amici curiae of The Cato Institute and Professor Gregory Dolin filed.
Dec 17 2018Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Dec 17 2018Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Dec 17 2018Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Dec 17 2018Brief amici curiae of Seven Law Professors filed.
Dec 17 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Dec 21 2018SET FOR ARGUMENT on Wednesday, February 20, 2019.
Jan 09 2019Brief of respondents United States Postal Service, et al. filed.
Jan 11 2019Record requested from the U.S.C.A. Federal Circuit.
Jan 15 2019CIRCULATED
Jan 15 2019Brief amicus curiae of R Street Institute filed. (Distributed)
Jan 15 2019Record 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.
Jan 16 2019Brief amicus curiae of Professor Tejas N. Narechania filed. (Distributed)
Jan 16 2019Motion for leave to file amicus brief filed by Electronic Frontier Foundation.
Jan 23 2019RESCHEDULED FOR ARGUMENT ON Tuesday, February 19, 2019.
Jan 23 2019Record from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete.
Feb 08 2019Reply of petitioner Return Mail, Inc. filed. (Distributed)
Feb 19 2019Motion for leave to file amicus brief filed by Electronic Frontier Foundation GRANTED.
Feb 19 2019Argued. For petitioner: Beth S. Brinkmann, Washington, D. C. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 10 2019Judgment 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.
Jul 12 2019JUDGMENT ISSUED.