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Shareholder Robert Mallin is Quoted in IPWatchdog
Published By IPWatchdog
June 13, 2019

On June 11, 2019, Brinks Shareholder Robert Mallin was quoted in the IPWatchdog article, "Patent Attorneys Address Implications of SCOTUS’ Return Mail Ruling."

Excerpt below. 

Yesterday, the U.S. Supreme Court ruled in Return Mail, Inc. v. United States Postal Service that the U.S. government doesn’t qualify as a “person” for the purposes of petitioning the Patent Trial and Appeal Board (PTAB) to institute inter partes review (IPR) proceedings under the America Invents Act (AIA). The majority opinion was authored by Justice Sonia Sotomayor and joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh, while Justice Stephen Breyer dissented, joined by Justices Ruth Bader Ginsburg and Elena Kagan. While most in the patent community felt the decision was predictable considering the Supreme Court’s precedent on the topic, some saw the dissent’s point or expressed surprise at the narrowness of the holding and the disparate treatment by the court of the IPR process compared with other administrative procedures.

. . . .

The opposite conclusions [of the majority and the dissent] were consistent with the oral argument, where the Court seemed to signal that there was no clear decision as to what the term “person” was intended to mean with respect to the three AIA challenges. Indeed, during oral argument, Justice Alito questioned whether Congress “actually gave a second of thought to the issue” of what a “person” means with respect to the AIA challenges.

Click here to read the full article.

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