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Friday, June 28, 2024 10:57:13 AM
2m
$NLST No better timing for the new Supreme Court ruling on deference — "The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly-used analytic tool and leaving lots of questions about what comes next." — as our appeals of PTAB decisions on patent validity, and Director Vidal decisions on procedure and questions of law, are taken up by the CAFC.
And now possibly opens the door to very good standing to appeal to SCOTUS if the CAFC sides with PTAB or Vidal on certain matters/issues. By the time we're at that stage, much of the grey area and uncertainty of how judicial branches go forward and apply the new precedent/law, will be figured out.
This really opens the door to many challenges that plaintiffs can take up regarding any deference to the administrative branch and administrative law judges.
Timing may be aligning in Netlist's favor.
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