Skip to main content

Return Mail v. Service

Updated Sep 18, 2026

In brief

The Postal Service and other federal agencies cannot start the three patent-review proceedings at issue because the Court said the government is not a “person” under that law.

Where it stands
Decided

Decided 6-3 · June 10, 2019 · Opinion by Justice Sotomayor

What it’s about
Return Mail sued the U.S. Postal Service for patent infringement, prompting the USPS to petition for a patent review.
Who it affects
Federal agencies cannot use these three America Invents Act patent-review procedures to challenge a patent. The ruling resolved whether the government could start those proceedings, not whether Return Mail's patent was valid.

Summary: written with AI from the case record.

Illustration for Return Mail, Inc. v. Postal Service
Conceptual illustration · AI-generated

What it's about

The Supreme Court decided that the federal government is not considered a "person" capable of instituting patent review proceedings under the Leahy-Smith America Invents Act.

The case focused on how Congress used the word “person” in a 2011 law that created several ways to challenge patents outside federal court.

Question presented

Whether the government is a "person" who may petition to institute review proceedings under the Leahy-Smith America Invents Act.

What the Court decided

Holding

The Government is not a “person” capable of instituting the three AIA review proceedings. 868 F. 3d 1350, reversed and remanded.

Result
Reversed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 6joined the Court's opinion
  1. Sotomayorwrote the opinion
  2. Roberts
  3. Thomas
  4. Alito
  5. Gorsuch
  6. Kavanaugh
Dissenting · 3disagreed with the result
  1. Breyerwrote the dissent
  2. Ginsburg
  3. Kagan
6 justices joined the judgment, 3 dissented.

From the opinions

“The America Invents Act states that all three administrative procedures may be invoked only by a “person.””

— Justice Stephen Breyer(dissent)

What's next

The Supreme Court has finished its work on this docket. It sent the case back to the Federal Circuit for further action consistent with the ruling.

Documents

4

Docket activity

7
  • New analysis added

    Sep 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 18, 2026 · Generated

  • Opinion added: opinion

    Jun 10, 2019 · Court records

  • Brief added: Petition

    May 14, 2018 · Court records

Show 2 more
  • Court Order added: Lower Court Orders/Opinions

    Feb 16, 2018 · Court records

  • Brief added: Questions Presented

    Court records

More questions

4
What did the Supreme Court decide in Return Mail?
The Court said the federal government is not a “person” that may start the three America Invents Act patent-review proceedings.
Who won Return Mail v. Postal Service?
Return Mail won the Supreme Court's ruling on the legal question. The Court overturned the Federal Circuit's decision favoring the Postal Service's ability to seek review.
What happens next in Return Mail v. Postal Service?
The case returns to the Federal Circuit. That court must proceed in line with the Supreme Court's ruling.
Did the Court decide whether Return Mail's patent was valid?
No. The ruling addressed only whether the federal government could begin the specified administrative patent-review proceedings.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 18, 2026Methodology

Court records and filings

Reporting and analysis