Articles

William Bergmann, Michael Anderson Author Analysis of "Return Mail" Ruling

Articles / June 19, 2019

Partners William Bergmann and Michael Anderson authored an “Expert Analysis” article published by Law360 on June 19, 2019. The article, “Return Mail May Make COFC More Attractive to Patent Holders,” is an analysis of the recent U.S. Supreme Court decision in Return Mail Inc. v. United States Postal Service, which held that the federal government cannot avail itself of any of the three post-issuance proceedings created by the America Invents Act (AIA). Bergmann and Anderson conclude that “the Return Mail decision removes an arrow in the Department of Justice’s quiver in defending patent infringement actions in the Court of Federal Claims (COFC). The effect of this may be alleviated in cases in which the affected government contractors decide to file petitions for AIA proceedings on their own.”

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