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.
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