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
- Foreign Price Controls: A Risk to U.S. Medical Innovation and Patient Access
- Other Barks & Bites for Friday, July 11: EGC Affirms Annulment of Rubik’s Cube Marks; Sysco Trade Secret Case Dismissal Affirmed by Fourth Circuit; and EU Advocate General Finds Member States Can Impose Measures to Protect News Content on Meta Platforms
- EU Publishes Code of Practice as Deadline for AI Act’s Provisions on General-Purpose AI Models Nears
- Will the Federal Circuit Finally Follow Supreme Court Holdings on the Unavailability of the Laches Defense?
- CAFC Upholds Win for Janssen on Patent for Antipsychotic Med Dosing Regimen