Monday, June 20, 2016

Be Cuzz "We" say so

CUOZZO SPEED TECHNOLOGIES, LLC v. LEE

Breyer J. --"But where a statute leaves a “gap” or is “ambigu[ous],” we typically interpret it as granting the agency leeway to enact rules that are reasonable in light of the text, nature, and purpose [**] of the statute. Mead Corp., 533 U. S., at 229; Chevron U. S. A. Inc., supra, at 843. The [IPR] statute contains such a gap: No statutory provision unambiguously directs the agency [(the USPTO)]to use one standard or the other. And the statute “express[ly] ... authoriz[es] [the Patent Office] to engage in the process of rulemaking” to address that gap."

** Article I, Section 8, Clause 8 --To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
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Sotomayor J. sorry for meth dealer but not inventors? (here)

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