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FDA After Chevron

JD Supra Law

Under the Supreme Court's Chevron doctrine, courts will defer to a federal agency's interpretation of an ambiguous statute unless that interpretation is unreasonable. In recent years, however, the Supreme Court has hinted at a shift away from Chevron. Chevron U.S.A. Natural Resources Defense Council, Inc.,

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What I’m reading from academic journals

Patently-O

” The article leverages the Supreme Courts decision in Alice Corp. Prof Santos Rutschman’s article presents the stories of two modern biotech companies, Myriad Genetics and Moderna, as windows into recurring themes surrounding drug and vaccine development. 1277 (2024). 1131 (2024). 1277 (2024).

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The Supreme Court Provides a Different Fix to Make APJs Inferior Officers

IP Tech Blog

Arthrex , the United States Supreme Court ruled that Patent Trial & Appeal Board (“PTAB”) Administrative Patent Judges (“APJs”) are unconstitutionally appointed because they effectively wield the power of principal officers while being appointed as inferior officers. 594 U.S. _ (2021). 35 USC §6(c).

Patent 87
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Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

District Court for the Southern District of New York denied Richard Prince’s request for summary judgment in two copyright infringement lawsuits brought against him, paving the way for a trial in Manhattan on the scope of fair use. [2] On May 11, the U.S. 2] A week later, the U.S. 3] Graham v. 3] Graham v.

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Signing Contracts as a Representative May Lead to Individual Liability

LexBlog IP

900410-21, Supreme Court, Albany County. 2021 NY Slip Op 50510(U) (Sup. Platkin of the Albany County Commercial Division reinforced the textbook rule that that an individual who signs a contract as an agent for an undisclosed entity can be held personally liable on the contract if the agency relationship is not disclosed.

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SpicyIP Weekly Review (January 02- January 09)

SpicyIP

Especially from other High Courts? Access to any Supreme Court Case: Just a Few Clicks Away! SpicyIP intern Gaurangi highlighted the launch of the e-SCR portal by the Supreme Court. The portal provides free access to 34,000 decisions by the Supreme Court from 1950 to 2021. certification marks u/s 69.

Trademark 105
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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Courts Warhol opinion. Factual Background (The facts are taken primarily from the Supreme Court’s opinion, with selected facts added from the District Court’s opinion.)