[E-trademarks] [EXT] Re: [Patentpractice] Chevron Has been overruled by the S.Ct.

Judith S judith.a.s at gmail.com
Fri Jun 28 22:27:02 EDT 2024


Chevron originally was a decision pushed by Conservatives who had control
of the agencies and wanted to keep liberal judges from overruling agency
decisions.

Now that there are more conservative judges, and the agencies are
controlled by a Democratic administration, they reversed course.

This will mean a ton of challenges in forum shopped circuits.

I'm not a fan of what the USPTO has been doing, but this decision is going
to lead to a flaming mess.

Judith

On Fri, Jun 28, 2024 at 7:13 PM Alex Butterman via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> As I was reading the summary of the Chevron overruling, I questioned to
> myself if this will help Pam’s case for which Cert has been requested. But
> all I know about Admin Law is what I read about on this List.
>
>
>
> I think this decision would have made more sense 40 years ago when
> Congress actually worked and legislated.
>
>
>
> *Alex Butterman*
>
> Partner
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> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *Lara Pearson via E-trademarks
> *Sent:* Friday, June 28, 2024 10:57 AM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Lara Pearson <lara at brandgeek.net>
> *Subject:* [EXT] Re: [E-trademarks] [Patentpractice] Chevron Has been
> overruled by the S.Ct.
>
>
>
> Ah, yes.
>
>
>
> Good morning. Here's your morning coffee, and there goes 40 years of
> agency deference out the window.
>
>
>
> Of course, since Congress is always explicit, we didn't needed Chevron
> anyhow, did we?
>
>
>
> Will this impact PTO policy either positively or negatively? I imagine it
> depends on the judge, and the day, and . . .
>
>
>
> TGIF & happy weekend, everyone.
>
>
>
>
>
> Lara Pearson, .
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> Law Office of Lara Pearson Ltd, PBC & Brand Geek
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>
> On Jun 28, 2024, at 7:30 AM, David Boundy via E-trademarks <
> e-trademarks at oppedahl-lists.com> wrote:
>
> 
>
> https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf
>
>
>
> On Fri, Jun 28, 2024 at 10:24 AM Richard Straussman via Patentpractice <
> patentpractice at oppedahl-lists.com> wrote:
>
>
>
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