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The U.S. Supreme Court will hear oral arguments this February in Return Mail, Inc. v. United States Postal Service (Supreme Court Docket No. 17-1594).  The Court will consider whether the U.S. government is a “person” who may petition to institute an AIA trial proceeding (inter partes review, post-grant review, or covered business method review) in the Patent Trial and Appeal Board of the United States Patent and Trademark Office, and whether a Section 1498(a) action against the U.S. government constitutes being “sued for infringement.”

On January 22, 2019, the U.S. Supreme Court issued a decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. (U.S. Supreme Court docket no. 17-1229), a patent case involving the meaning of “on sale” in Section 102(a)(1) of the Patent Law as enacted in the America Invents Act (AIA) of 2011.

The USPTO has published revised subject matter eligibility guidelines for examination of claims under 35 U.S.C. 101, which went into effect on January 7, 2019.

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