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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.

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US Supreme Court strikes down Chevron Deference, requiring courts not defer to agency assessments of their mandates

JURIST

.” However, the majority confirms that agencies’ statutory authority is a question of law, and, therefore, deference to agencies contradicts directly with the APA.

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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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Justice Breyer: A pragmatic moderate

SCOTUSBlog

Idealogues have sought to reshape the court’s jurisprudence in their own ideological vision, whether liberal or conservative, often at the expense of stare decisis and typically voiced most vigorously in dissenting opinions. Think of Marshall and William Brennan in death-penalty cases. After that, he became a full-time academic.

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

A state administrative law judge found one late-2016 transfer to have violated FNHRA and ordered Talevski returned to VCR; the family chose to move him to a different facility. Stare decisis does not compel continued adherence to Section 1983 precedent, according to HHC.

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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. relisted after the April 29 conference). Returning Relists. Texas , 21-6001.

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Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

SCOTUSBlog

In addition, the government contends that George’s reading of the statute would give insufficient weight to the finality of judgments, a significant concern in administrative law.

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