Court Applies 'Chevron' Deference to Patent Law in 'Fractured' Decision
The Chevron deference doctrine, based on the U.S. Supreme Court case of Chevron, U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984) requires a federal court to defer to a federal agency's interpretation of a federal statute in its area of expertise.
February 20, 2018 at 02:23 PM
6 minute read
It is unusual for the Federal Circuit to apply the doctrine of Chevron deference to patent law, but a recent decision is noteworthy—and fractured.
The Chevron deference doctrine, based on the U.S. Supreme Court case of Chevron, U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984) requires a federal court to defer to a federal agency's interpretation of a federal statute in its area of expertise. The doctrine can only be applied if the language of a federal statute is ambiguous and the agency's interpretation is reasonable.
The doctrine appears on a regular basis in many areas of administrative law. Labor and SEC attorneys, for example, frequently deal with Chevron deference. In patent law, however, it is only applied occasionally.
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