直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

What SCOTUS Ruling Could Mean for IP Policy Challenges

July 5, 2024

Managing Intellectual Property

The US Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo is expected to limit the power of federal agencies, including those of the U.S. Copyright Office. The ruling overturned the 1984 decision in Chevron v. Natural Resources Defense Council, thereby eliminating the doctrine of Chevron deference, which required courts to defer to agencies’ interpretations of ambiguous language in federal laws. Instead, the Court’s decision suggests that the lower standard of Skidmore deference should apply. As established in Skidmore v. Swift, Skidmore deference provides that while an agency's interpretations and opinions may provide guidance, they are not controlling on courts.

Speaking to Managing Intellectual Property, Finnegan partner and Copyright Practice Leader Anna Chauvet noted that—in contrast with the Supreme Court’s determination that courts, rather than agencies, are better suited to resolve legal ambiguities—the U.S. Copyright Office is often asked to consider and decide novel questions of the law. Anna also noted that under the Skidmore standard, courts can still consider Copyright Office information as guidance.

"Because it has so much experience interpreting novel questions of copyright law, its guidance can be particularly useful to courts," she added.

Read “What SCOTUS Ruling Could Mean for IP Policy Challenges”

Tags

United States Copyright Office, Supreme Court of the United States (SCOTUS)

Related Practices

Trademark and Brand Management

Copyright

Related Offices

Washington, DC

Related Professionals

Anna B. Chauvet
Partner
Washington, DC
+1 202 408 4075
Email

Related News

Award/Ranking

Forbes Names Finnegan Partner Erika Harmon Arner on its Inaugural 2026 America’s Top Women Lawyers List

June 5, 2026

Award/Ranking

Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked

May 28, 2026

Commentary

Quince Aims to Have ‘Dupe’ Evidence Shape Ugg Shoe Patent Trial

May 26, 2026

Commentary

New Appellate Opinion in Amazon Biometric Data Case May Signal ‘Narrowing’ Scope of BIPA Litigation, Experts Say

May 20, 2026

Award/Ranking

Finnegan Partner Antje Brambrink Shortlisted for Women in Business Law EMEA Award

May 13, 2026

Press Release

Finnegan Secures Decisive ITC Victory for Innoscience in Final Determination

May 11, 2026

Commentary

ITC Bars Import of Innoscience Chips Made Before Redesign

May 8, 2026

Commentary

How Litigation Funding Disclosure Could Affect ITC Cases

May 7 , 2026

Commentary

Justices to Side with Generic Drugmakers in Patent Spat, Attorneys Predict

May 5, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP