[Patentpractice] Fwd: Tomorrow: Loper Bright Impact on USPTO Decisions & Regulation CLE, @1:00 P.M. E.D.T.

[David Boundy]

An upcoming live CLE webinar on Tuesday, August 27
View as web page
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Strafford Live CLE Video Webinars — No Travel Required
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I am pleased to announce that I will be speaking in an upcoming Strafford
live video webinar, "USPTO and ITC Rulemaking and Adjudicatory Decisions
After the Demise of Chevron Deference
<https://click.spcle.com/?qs=2a16d70b4852f12470e940c965f8d2ad033046223efa41b6f3398d6eb6df85102f16bff6a8e177ea6713fae077118ff3>"
scheduled for Tuesday, August 27, 1:00pm-2:30pm EDT.

*Loper Bright Enterprises v. Raimondo* overruled the *Chevron* doctrine.
For 40 years, *Chevron* specified a two-step framework for federal courts
in reviewing challenges to agency regulations. Under *Chevron*, courts
would first ask whether Congress had "directly spoken to the precise
question at issue" in the statute. If not, the courts were required to
defer to the agency's interpretation as long as it was reasonable. *Loper
Bright * has now moved the task of interpreting statutory provisions back
into the hands of federal courts. Where past challenges to agency rules
faced a standard of review that was highly deferential to the agency,
future challenges will benefit from a much more favorable standard.

The *Loper Bright* decision will impact practice at the USPTO and ITC, and
how courts, particularly the Federal Circuit, examine USPTO and ITC
statutory interpretations. For example, in anticipation of the decision,
Google petitioned the Federal Circuit for reconsideration of *Suprema v.
Int'l Trade Comm'n *, in which the court had deferred to the ITC's
interpretation relating to "articles that infringe."

Our panel will analyze likely effects of *Loper Bright* on the USPTO's
unusual rulemaking practices, including PTAB and TTAB precedential
decisions and binding provisions in the MPEP and TMEP. What rules are no
longer enforceable, and how others are likely to change? For both the USPTO
and ITC, what new opportunities permit challenges to agency rules and
decisions, both during intra-agency proceedings and in court?

We will review these and other important considerations:
After *Loper Bright*, what agency rules are dead letters? When are
intra-agency and judicial challenge of regulations or sub-regulatory
guidance more viable or attractive? When not? Why?
How does *Loper Bright* affect best practices for patent and trademark
prosecution, post-grant practice, and ITC trials?
What should we watch for in notices of proposed rulemaking?
What rules are especially vulnerable to challenge? Under what circumstances
can the PTAB continue to treat its precedential decisions as binding? When
can the USPTO treat the MPEP and similar sub-regulatory guidance as
binding? What are the interactions between *Loper Bright* and other recent
Supreme Court decisions that open avenues of relief otherwise barred? Who
benefits? Who loses?
Is it time for a portfolio review, and what should you tell your clients?
Congress will be busy re-legislating statutes for high-visibility and
high-impact agencies and areas of law such as EPA, OSHA, and the antitrust
agencies. What about agencies that won't get onto the legislative calendar
for a decade? How will non-specialist courts interpret statutes that govern
highly technical issues?

After our presentations, we will engage in a live question and answer
session with participants so we can answer your questions about these
important issues directly.

I hope you'll join us.

For more information or to register >
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Or call 1-800-926-7926
Ask for USPTO and ITC Rulemaking and Adjudicatory Decisions After the
Demise of Chevron Deference on 8/27/2024
Mention code: PL3J24-76OCZY

Sincerely,

David Boundy, Attorney
Potomac Law Group PLLC
Washington, D.C.

Strafford
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Dallas TX 75251-3245
Phone 1-800-926-7926 or 1-404-881-1141

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*David Boundy *| Partner | Potomac Law Group, PLLC

P.O. Box 590638, Newton, MA  02459

Tel (646) 472-9737 | Fax: (202) 318-7707

*dboundy at potomaclaw.com <dboundy at potomaclaw.com>* | *www.potomaclaw.com
<http://www.potomaclaw.com>*

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