IP Litigator Discusses U.S. Supreme Court Case Questioning Whether the Government Qualifies as a “Person” under the America Invents Act

IP litigation partner Matt Rizzolo (Washington, D.C.) examined the oral arguments before the U.S. Supreme Court in Return Mail v. U.S. Postal Service. The case considers whether the government qualifies as a “person” who may petition to institute post-grant patent validity review proceedings under the America Invents Act. Mr. Rizzolo was quoted in a National Law Journal article published Feb. 19 that appeared in The Recorder, and in a separate Managing Intellectual Property article on Feb. 28.

Mr. Rizzolo explains that the newest Justices, Brett Kavanaugh and Neil Gorsuch, led the charge against construing the government as a "person" under the statute, but it is not clear whether their views will form a majority opinion.