This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Background and question before the Court
According to Return Mail, Inc., return Mail, Inc. argues that the term “person” does not include the United States government, relying on the Dictionary Act definition and the Court’s presumptive definition of “person.”
According to Justice GORSUCH, justice GORSUCH questioned why Congress would allow the government to initiate ex parte review before an agency but not permit a more adversarial process involving the government as a party.
Justice Sotomayor asked why the definition of “person” in the ex parte reexamination context cannot simply exclude the government.
Justice Kavanaugh asked whether executive‑branch agencies can always communicate with one another.
According to Justice Kagan, justice Kagan questioned the presumption that “person” is a stable default rule and whether Congress would legislate against it.
According to Chief Justice Roberts, chief Justice Roberts noted that the case was submitted.
- [1] bad8ce20f240ee59a11e-r1-25b98ea226342e1d.pdf, p. 4
- [2] bad8ce20f240ee59a11e-r1-25b98ea226342e1d.pdf, p. 23
- [3] bad8ce20f240ee59a11e-r1-25b98ea226342e1d.pdf, p. 24
- [4] bad8ce20f240ee59a11e-r1-25b98ea226342e1d.pdf, p. 38
- [5] bad8ce20f240ee59a11e-r1-25b98ea226342e1d.pdf, p. 65
- [6] bad8ce20f240ee59a11e-r1-25b98ea226342e1d.pdf, p. 66
What each side argues
Return Mail, Inc.
According to Return Mail, Inc., return Mail, Inc. contends that “person” does not include the government because of the Dictionary Act definition and the Court’s presumptive definition.
Petitioner argues that Section 1498 of Title 28 subjects the United States to liability for unauthorized use of a patented invention and that the United States can invoke all available defenses.
According to Petitioner, petitioner states that the federal government is not subject to non‑mutual collateral estoppel, unlike most other parties.
United States Postal Service
Source-limited. The record does not yet support a complete account.
What happened at oral argument
According to Justice GORSUCH, justice GORSUCH questioned why Congress would allow the government to initiate ex parte review before an agency but not permit a more adversarial process involving the government as a party.
Justice Sotomayor asked why the definition of “person” in the ex parte reexamination context cannot simply exclude the government.
Justice Kavanaugh asked whether executive‑branch agencies can always communicate with one another.
According to Justice Kagan, justice Kagan questioned the presumption that “person” is a stable default rule and whether Congress would legislate against it.
According to Chief Justice Roberts, chief Justice Roberts noted that the case was submitted.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- bad8ce20f240ee59a11e-r1-25b98ea226342e1d.pdforal argument transcript
Guide generated September 26, 2026. Automated validation accepted this version.