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. § 706). Such deference is not plenary, and when the Office……
By: McDonnell Boehnen Hulbert & Berghoff LLP
By: McDonnell Boehnen Hulbert & Berghoff LLP