Beth Brinkmann of Covington & Burling in Washington, D.C.
Tell us about your top U.S. Supreme Court or federal appeals court victory over the past year and how you and your team achieved the win.
[We] won an important patent case in the Supreme Court for our client Return Mail, which had sought compensation from the U.S. Postal Service for unauthorized use of its patent. The lower court allowed the Postal Service to challenge the patent’s validity at the Patent Trial and Appeal Board. But our outstanding patent attorneys teamed up with our terrific appellate strategists to convince the Supreme Court to grant certiorari and reverse. The court’s ruling, 6-3, protects patents from federal agency challenge under the America Invents Act’s post-grant review provisions because agencies are not “persons” under those provisions.
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