Statutory Interpretation

By: Derek Hawkins//July 10, 2019//

Listen to this article

United States Supreme Court

Case Name: Return Mail, Inc. v. United States Postal Service, et al.

Case No.: 17-1594

Focus: Statutory Interpretation

In the Leahy-Smith America Invents Act of 2011, 35 U. S. C. §100 et seq., Congress created the Patent Trial and Appeal Board and established three new types of administrative proceedings before the Board that allow a “person” other than the patent owner to challenge the validity of a patent post-issuance. The question presented in this case is whether a federal agency is a “person” able to seek such review under the statute. We conclude that it is not.

Reversed and remanded

Dissenting: BREYER, J., filed a dissenting opinion, in which GINSBURG and KAGAN, JJ., joined.

Concurring:

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Select Region or Brand

Upcoming Event