News & Analysis as of

Administrative Procedure Act Statutory Interpretation International Trade Commission (ITC)

McDermott Will & Emery

No APA Review of Commission Refusal to Issue Sua Sponte Show Cause Order

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit dismissed an appeal challenging a US International Trade Commission decision that upheld an administrative law judge’s (ALJ) order, ruling that such an order was within the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Flaster Greenberg PC

Chevron’s Demise and Its Effect on Intellectual Property & Its Governing Agencies

Flaster Greenberg PC on

For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead...more

ArentFox Schiff

Deference in Trade Cases Post-Chevron: The Loper Bright SCOTUS Decision

ArentFox Schiff on

On the penultimate day of its term, in Loper Bright v. Raimondo, the US Supreme Court overturned Chevron deference, which required that courts defer to a federal agency’s interpretation of the relevant law, as long as that...more

Morrison & Foerster LLP

Chevron Overruled and SEC Enforcement Cabined: Any Impact at the ITC?

For nearly 40 years, when a court found that a statute was ambiguous, it deferred to the reasonable interpretation of the federal agency administering the statute. This principle—known as Chevron deference, after the 1984...more

White & Case LLP

Chevron is Done — What Does Loper mean for the PTAB and ITC?

White & Case LLP on

In Loper Bright Enterprises v. Raimondo, the Supreme Court expressly overruled Chevron USA Inc. v. Natural Resources Defense Council, Inc. This landmark 6-3 ruling ends nearly 40-years of Chevron deference, the doctrine of...more

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