Dickinson v. Zurko: An Amicus Brief
Professors Field, Nard, and Duffy (the “Amici”) submitted the below amicus brief to the Court. Their conclusion, like that of Petitioner Dickinson, was that, pursuant to the APA and case law, (1) decisions of the PTO Board of Patent Appeals and Interferences (“Board”) must be reviewed on the basis of the Board's own reasoning; and (2) the Board's factual findings must be reviewed under the APA standard of review. In short, the Amici concluded that the PTO is indeed subject to the standards of judicial review set forth in the APA.
Administrative Procedure Act, Patent Law
Place of Original Publication
Marquette Intellectual Property Law
4 Marquette Intellectual Property Law Review 49 (2000)
Field, Thomas G.; Nard, Craig Allen; and Duffy, John F., "Dickinson v. Zurko: An Amicus Brief" (2000). Faculty Publications. 1059.