The U.S. Supreme Court heard oral arguments today in two cases that are challenging the so-called Chevron deference doctrine, which says courts should defer to administrative agencies’ interpretation of the statutes delegated to them when there is an ambiguity.
One of the many amici who have filed briefs in a Supreme Court case asking the Court to overrule its "Chevron doctrine" told the justices last week that the USPTO is abusing the doctrine “to bypass the procedures that ensure that the agency considers the public interest.”
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(Reuters) - The U.S. Court of Appeals for the Federal Circuit remanded Patent Trial and Appeal Board decisions invalidating two card-game patents on Thursday based on its 2019 ruling in Arthrex Inc. v. Smith & Nephew Inc. that the board’s judges had been unconstitutionally appointed.
The United States Court of Appeals for the Federal Circuit is seen in Washington, D.C., U.S., August 30, 2020. REUTERS/Andrew Kelly
A three-judge panel remanded the case - as it has several others - for review by a new panel based New Vision Gaming & Development’s argument that its pre-Arthrex panel had been unconstitutionally appointed, but Circuit Judge Pauline Newman said in a partial dissent that the court should have first considered whether the PTAB wrongly disregarded a forum-selection clause signed by New Vision and SG Gaming Inc that may have required the case to be heard in Nevada.
Courtesy of NREL.
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