The End of Chevron Deference: The Impact of Loper Bright v. Raimondo on ITC Litigation

Scott P. McBride
Shareholder
McAndrews, Held & Malloy, Ltd.

Daniel F. Smith
Shareholder
Polsinelli

Kiran K. Patel
Senior IP Counsel
Philips
The landmark Loper Bright decision marks the end of Chevron deference, the doctrine of deferring to an agency’s interpretation of allegedly ambiguous statutory language. This ruling will increase the opportunities for regulated industries to challenge agency rules, including in proceedings before the Patent Trial and Appeal Board (PTAB) and the International Trade Commission (ITC). It also calls into question the powers courts will have to make judgments in the fields of science and tech (including A.I.).
Join us for this critical and interactive session as we delve into the far-reaching implications of this ruling. Topics of discussion will include:
- Understanding how the decision will affect Section 337 Filings and Appeals
- Examining the new legal landscape and its demand on outside counsel
- Predicting the potential for new and renewed legal challenges to longstanding federal regulations
- Analyzing the likelihood and scope of increased ITC litigation as a result of the ruling