Apr 11, 2017
Partner Matthew Berkowitz (Menlo Park/New York-Litigation) and associate Patrick Colsher (New York-Litigation) co-wrote an article for Law360, titled “How Eliminating Agency Deference Might Affect PTAB and ITC,” that was published on April 10.
The article discusses the potential impact on patent law resulting from eliminating the principle of agency deference as articulated in the Chevron and Auer Supreme Court decisions. According to the authors, if agency deference is eliminated, “[n]o longer will agencies be largely free to interpret the relevant statutes and the regulations which they create. Instead, agency actions will be reviewed de novo with a blank slate. All in all, just as the creation of agency deference significantly altered the course of patent-related proceedings, so too would the elimination of such deference.”