 Patent Law Weblog By Kevin E. Noonan -- Under Dickinson v. Zurko courts (specifically, the Federal Circuit) should defer to factual determinations by administrative agencies like the U.S. Patent and Trademark Office unless they are not supported by substantial evidence, pursuant to the provisions of the Administrative Procedure Act (codified at 5 U.S.C. ยง 706). Such deference is not plenary, and when the Office (or more specifically, the Patent Trial and Appeal Board) renders a decision that does not sufficiently show its reasoning regarding relevant facts to support its findings the court should, at a minimum, vacate the decision and remand with the...
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