RETURN MAIL INC v. UNITED STATES POSTAL SERVICE (2019)

United States Court of Appeals, Federal Circuit.

RETURN MAIL, INC., Appellant v. UNITED STATES POSTAL SERVICE, United States, Appellees

2016-1502

Decided: August 09, 2019

Before Prost, Chief Judge, Newman and Wallach, Circuit Judges.

Eric Michael Adams, Esq., Tumey LLP, Houston, TX, Douglas H. Elliott, Attorney, The Elliott Law Firm, PLLC, Bellaire, TX, Lee Landa Kaplan, Attorney, Jeffrey Potts, Smyser Kaplan & Veselka, L.L.P., Houston, TX, Richard L. Rainey, Michael Sawyer, Attorneys, Covington & Burling LLP, Washington, DC, for Appellant David Allen Foley, Jr., United States Department of Justice, Commercial Litigation Branch, Washington, DC, for Appellees

ORDER

The Supreme Court of the United States recently issued its opinion in Return Mail, Inc. v. U.S. Postal Service, ––– U.S. ––––, 139 S.Ct. 1853, 204 L.Ed.2d 179 (2019), reversing our judgment and remanding the case to us for further proceedings. Consistent with that opinion, we vacate the Patent Trial and Appeal Board’s decision in CBM2014-00116, and remand to the Board to dismiss for lack of jurisdiction.

It Is Ordered That:

This case is remanded to the Board with instructions to dismiss in light of the Supreme Court’s disposition.

Per Curiam.

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