article thumbnail

Patent Puzzles after the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion

Patently O

But the claim construction regulation that the Court upheld as reasonable in Cuozzo is of course different from the regulation currently in place. In November 2018, the USPTO replaced the BRI standard with the claim construction approach used in Article III litigation, which was articulated by the Federal Circuit in Phillips v.

article thumbnail

Guest Post: Climate Litigation in Japan: Citizens’ Attempts for the Coal Phase-Out

ClimateChange-ClimateLaw

Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. Through May 2022, all existing climate litigation cases in Japan concern the construction or operation of coal-fired power plants and refer to citizens’ attempts to stop the use of coal.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

This Week in Regulation for Broadcasters: March 13 to March 17, 2023

Broadcast Law Blog

As we’ve reported in previous weekly updates, the FCC’s Media Bureau has issued a hearing designation order referring questions about Standard General Broadcasting’s proposed acquisition of the TEGNA broadcast stations to an Administrative Law Judge (ALJ) for an evidentiary hearing.

article thumbnail

SCOTUS to Determine Future of Chevron Deference

Constitutional Law Reporter

If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions.

Statute 52
article thumbnail

A few initial thoughts on Loper and the end of Chevron Deference

Patently O

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules.

article thumbnail

This Week in Regulation for Broadcasters:  March 19, 2022 to March 25, 2022

Broadcast Law Blog

See our post on the Broadcast Law Blog for more information, and read the audit letter setting out all the requirements for the audit response and the list of audited stations, here. Read the auction procedures and see the list of available construction permits, here.

Felony 88
article thumbnail

This Week in Regulation for Broadcasters: April 3 to April 7, 2023

Broadcast Law Blog

The Bureau found that the petitioner’s request for tolling had not been filed in accordance with the special procedures that applied when the FCC’s headquarters were closed during the pandemic, so the request never was officially on file.