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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 staredecisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward. Notably, the 2016 patent law case of Cuozzo v.
In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrativelaw, 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. The Loper decision : In Loper Bright Enterprises v.
Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.
Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrativelaw 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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