The Administrative Procedure Act (APA), a foundation in U.S. Patent and Trademark Office (USPTO) examination and post grant proceedings, in patent and trademark federal court cases and in International Trade Commission (ITC) proceedings, has been implemented more or less faithfully under U.S. Court of Appeals for the Federal Circuit (CAFC) scrutiny. But the APA judge-made artifact of Chevron Deference has had many attacks by business, culminating in the Supreme Court’s latest stare decisis upending in the combined-for-hearing cases of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively, “Loper Bright”). Those changes may reach the USPTO’s, the ITC’s, the Federal Circuit’s and district courts’ APA implementation.
Recent Posts
- Recentive Rehearing Petition Challenges CAFC’s Broad Section 101 Exclusion of Machine Learning Inventions
- Other Barks & Bites for Friday, June 20: Advocate General Tells CJEU to Affirm €4 Billion Antitrust Fine Against Google; Recentive Challenges Section 101 Invalidation of Machine Learning Claims
- Stewart Expands on ‘Settled Expectations’ Criteria in Interim Discretionary Denial Process
- Mediocre Results so Far for Deferred Subject Matter Eligibility Response Pilot
- European Patent Organization: Responses from ChatGPT Do Not Represent the “Understanding of a Skilled Person”