Is the Government a "Person" Who May Institute PTAB Trials?, PTAB Litigation Blog

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The America Invents Act ("AIA") provides that a "[a] person may not file a petition for [covered business method review] unless the person or the person’s real party in interest or privy has been sued for infringement or charged with infringement under that patent." See AIA, § 18(a)(1)(B) (emphasis added). A pending petition for writ of certiorari filed by Return Mail, Inc. ("Return Mail") raises two interesting questions related to this statutory language.

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