Cooper Technologies Co. v. Dudas, No. 2008-1130.
| Court | United States Courts of Appeals. United States Court of Appeals for the Federal Circuit |
| Writing for the Court | Linn |
| Citation | 536 F.3d 1330 |
| Parties | COOPER TECHNOLOGIES COMPANY, Plaintiff-Appellant, v. Jon W. DUDAS, Director, United States Patent and Trademark Office, Defendant-Appellee, and Thomas & Betts Corporation, Defendant-Appellee. |
| Docket Number | No. 2008-1130. |
| Decision Date | 19 August 2008 |
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48 practice notes
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Mohsenzadeh v. Lee, Case No. 1:13–cv–00824–GBL–TCB.
...machinery in motion, of making the parts work efficiently and smoothly while they are yet untried and new.” Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1341 (Fed.Cir.2008) (citations omitted) (finding that an agency ruling “which was consistently applied for almost ten years and was neither ......
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Ethicon Endo-Surgery, Inc. v. Covidien LP, No. 2014–1771.
...interpretation of the statute. See Chevron, 467 U.S. at 842–43, 104 S.Ct. 2778 ; Cuozzo, 793 F.3d at 1279 ; Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1335 (Fed.Cir.2008).In short, both as a matter of inherent authority and general rulemaking authority, the Director had authority to delegat......
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Facebook, Inc. v. Windy City Innovations, LLC, 2018-1400
...the Director has no substantive rule making authority with respect to interpretations of the Patent Act. Cooper Techs. Co. v. Dudas , 536 F.3d 1330, 1336 (Fed. Cir. 2008). The Board, similarly, historically has been given adjudicatory authority—similar to that given to courts—to decide the ......
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Pfizer Inc. v. Apotex Inc., Case Nos. 08-cv-7231
...of proceedings in the [PTO]'; it does NOT grant the Commissioner the authority to issue substantive rules"); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1335-36 (Fed.Cir.2008) (PTO has authority to issue procedural rules, but not substantive ones). Therefore, PTO regulations are entitled to ......
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37 cases
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Mohsenzadeh v. Lee, Case No. 1:13–cv–00824–GBL–TCB.
...machinery in motion, of making the parts work efficiently and smoothly while they are yet untried and new.” Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1341 (Fed.Cir.2008) (citations omitted) (finding that an agency ruling “which was consistently applied for almost ten years and was neither ......
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Ethicon Endo-Surgery, Inc. v. Covidien LP, No. 2014–1771.
...interpretation of the statute. See Chevron, 467 U.S. at 842–43, 104 S.Ct. 2778 ; Cuozzo, 793 F.3d at 1279 ; Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1335 (Fed.Cir.2008).In short, both as a matter of inherent authority and general rulemaking authority, the Director had authority to delegat......
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Facebook, Inc. v. Windy City Innovations, LLC, 2018-1400
...the Director has no substantive rule making authority with respect to interpretations of the Patent Act. Cooper Techs. Co. v. Dudas , 536 F.3d 1330, 1336 (Fed. Cir. 2008). The Board, similarly, historically has been given adjudicatory authority—similar to that given to courts—to decide the ......
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Pfizer Inc. v. Apotex Inc., Case Nos. 08-cv-7231
...of proceedings in the [PTO]'; it does NOT grant the Commissioner the authority to issue substantive rules"); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1335-36 (Fed.Cir.2008) (PTO has authority to issue procedural rules, but not substantive ones). Therefore, PTO regulations are entitled to ......
Request a trial to view additional results
4 books & journal articles
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Printed Publications and Persons of Ordinary Skill: Did the PTAB in GoPro v. Contour IP Holding Apply an Overly Restrictive Standard?
...in the final rule notice. 76 Fed. Reg. 72,270, 72,291 (Nov. 22, 2011). Recent rule making notices cite Cooper Technologies Co. v. Dudas , 536 F.3d 1330, 1336 (Fed. Cir. 2008)—but Cooper only discusses interpretative rules (which of course do not require notice and comment), and decides noth......
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The PTAB is Not an Article III Court: A Primer on Federal Agency Rule Making
...in the final rule notice. 76 Fed. Reg. 72,270, 72,291 (Nov. 22, 2011). Recent rule making notices cite Cooper Technologies Co. v. Dudas , 536 F.3d 1330, 1336 (Fed. Cir. 2008)—but Cooper only discusses interpretative rules (which of course do not require notice and comment), and decides noth......
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Attorney-Client Privilege for In-House Counsel
...in the final rule notice. 76 Fed. Reg. 72,270, 72,291 (Nov. 22, 2011). Recent rule making notices cite Cooper Technologies Co. v. Dudas , 536 F.3d 1330, 1336 (Fed. Cir. 2008)—but Cooper only discusses interpretative rules (which of course do not require notice and comment), and decides noth......
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I Lost at the USPTO, What Are My Chances on Appeal?
...the second Lee case was not identical, although the primary piece of art was the same in both. 8. See, e.g. , Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1332, 1338 (Fed. Cir. 2008). 9. See, e.g. , In re Lovin, 652 F.3d 1349, 1353 (Fed. Cir. 2011); see also Auer v. Robbins, 519 U.S. 452, 462......