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

Patently O

Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward. no standing requirement). In the 2018 case of SAS v.

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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. to dictate the outcome of cases.”

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Allegations of racial bias in a death penalty trial

SCOTUSBlog

Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. In Securities and Exchange Commission v. The case is sufficiently similar to Axon Enterprise, Inc. Breckon , pending the outcome in Jones.

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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

Both cases arise in the context of administrative proceedings brought by independent enforcement agencies against regulated parties — Axon by the Federal Trade Commission, and Cochran by the Securities and Exchange Commission. Federal prisoners raise that issue in pending petitions in Ham v. Breckon and Jones v. Returning Relists.