Federal Circuit v. USPTO: Chevron Deference? (RECORDING)

Recorded On: 09/19/2019

Some commentators would say there is an extraordinary face-off currently playing out between the Federal Circuit and the USPTO on the issue of deference. This was perhaps inevitable after the AIA established the PTAB seven years ago as a venue with broad power to adjudge the validity of issued patents, giving to the USPTO, an administrative agency, rights that previously had been exercised largely by Article lll Courts. 

Facebook v. Windy City Innovations is the first case at the Federal Circuit centering on deference to the USPTO since the Supreme Court’s recent decision in Kisor v. Wilkie. Even before Kisor, appellants at the Federal Circuit and the Supreme Court had already succeeded in arguing against Chevron deference in such cases as SAS v. Iancu. In the current showdown, the Federal Circuit has invited the USPTO to file a brief saying “what, if any, deference” the Court should give to Precedential Opinion Panel decisions. The USPTO’s brief is due on Sept. 17th, just in time for it to be discussed on the webinar.   
Our panel, which includes a former chief judge of the Federal Circuit, a former solicitor of the USPTO who is a professor of law, and the litigator who successfully argued SAS at the Supreme Court, will predict how these issues will play out and explore the implications for your practice.

Our panel, which includes a former chief judge of the Federal Circuit, a former solicitor of the USPTO who is a professor of law, and the litigator who successfully argued SAS at the Supreme Court, will predict how these issues will play out and explore the implications for your practice.

Speakers:

Gregory Castanias, Jones Day
Todd Walters, Buchanan Ingersoll & Rooney PC
Prof. John Whealan, GW Law 

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Federal Circuit v. USPTO: Chevron Deference? (RECORDING)
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