Remove agencies u-s-supreme-court
article thumbnail

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.,

article thumbnail

Interplay Between Sections 124, 47 and 57 of the Trade Marks Act, 1999: The Fault in Our Interpretations

SpicyIP

Recently, the Delhi High Court passed an interesting order in Anubhav Jain v. This interplay was the point of a previous controversy, which the Supreme Court addressed in Patel Field Marshall case. Hari Shankar of the Delhi High Court passed a judgement in the case of Anubhav Jain v. P.M.Diesels Ltd.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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).

article thumbnail

The Non-Compete Ban: Impact on Patenting and Challenging Implementation

Patently-O

The rule’s stated aim is to protect clients’ freedom to choose their legal representation, but it also ensures that lawyers can practice their profession without restriction. This was decided in the FTC’s favor by at least one appellate panel, but the Supreme Court has not yet placed its mark on the issue.

Patent 64
article thumbnail

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
article thumbnail

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
article thumbnail

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.