By William Milliken (July 10, 2024, 5:43 PM EDT) — On June 28, the U.S. Supreme Court overturned a decades-old precedent, known as Chevron deference, that favored federal agencies’ rulemaking interpretations. This decision may have significant impacts on rulemaking and litigation across various practice areas, particularly in intellectual property law.
The recent ruling could potentially make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and interpretations by the U.S. International Trade Commission. Legal professionals are now considering how the eradication of Chevron deference will reshape the landscape of IP litigation.
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