Patently O
APRIL 17, 2025
Facebook , Xerox relied on Marbury in a novel constitutional argument challenging the relationship between the PTAB and and Article III courts when it comes to claim construction -- arguing that the executive branch (the PTAB) is violating separation of powers principles by ignoring Article III court opinions.If
Patently O
JULY 24, 2024
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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Constitutional Law Reporter
JULY 30, 2024
However, if the court determines that “the statute is silent or ambiguous with respect to the specific issue” at hand, the court must defer to the agency’s interpretation if it “is based on a permissible construction of the statute.”
At the Lectern
APRIL 27, 2023
City of Rancho Palos Verdes , the Supreme Court today holds immunity under Government Code section 830.6 , that generally protects California public entities and employees from liability for injuries “caused by the plan or design of a construction of, or an improvement to, public property,” is not as broad as government defendants want.
Patently O
JULY 2, 2024
261 (2016) provided the patent office with Chevron deference for its determinations regarding AIA trials, including issues such as its approach to claim construction. But Chevron has now been overruled, and many are wanting the Federal Circuit to revisit the USPTO approach. to dictate the outcome of cases.”
Conflict of Laws
JUNE 13, 2024
In the next section, I further the discussion on the issue of diversity, looking at subject matter diversity, diversity of views, and the place of stare decisis and precedents in light of the current debates about PIL and expertise in the Nigerian Supreme Court and its resonance for the legal system.
Patently O
JULY 6, 2022
However, the district court concluded that the prior art was not enabling — i.e., a person of skilled in the art would not be able to construct (or even design) the claimed invention without undue experimentation. A 1974 patent had disclosed use of a safety circuit and a braking-means. 2016 Decision ]. Kappos , 561 U.S. 593 (2010).
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