“Ding-Dong, the Witch is Dead”—the Witch being the extraordinary agency overreach into law that Congress never passed, emboldened by the 1984 U.S. Supreme Court (SCOTUS) case of Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837, and enabled by a weakened judiciary told to give agency action presumptive deference on the construction and application of federal statutes. Loper Bright v. Raimondo, (603 U.S. ___ (2024)), issued June 28, 2024, almost 80 years after the 1946 enactment of the Administrative Procedure Act (APA) and 40 years after the Chevron decision, may usher in a new era with a breath of fresh air.
Recent Posts
- USPTO Scraps Proposal to Allow Non-Registered Practitioners as Lead Counsel in Final Rule on Expanding PTAB Practice Opportunities
- SCOTUS Denies Challenges to Section 101 Test, Trademark Domicile Rules and Obviousness-Type Double-Patenting Analysis
- After Loper Bright, the USPTO Should Reopen the Comment Period for FY 2025-2029 Patent Fees
- Dissecting the USPTO’s Update to Eligibility Guidance for AI Inventions
- Other Barks & Bites for Friday, October 4: Meta Hit with Class Action Copyright Infringement Lawsuit; Industry Leaders Ask for Clarification on Third-Party Litigation; EUIPO Applauds German Court Ruling on Misleading Invoices