Banner Witcoff’s Mercedes Meyer is quoted in a recently published Managing IP article exploring how the SCOTUS Loper decision, which overturned a 1984 case Chevron v Natural Resources Defence Council, will affect intellectual property, USPTO policies, and litigation strategies.
Mercedes spoke specifically on how counsel and companies may be taking the ruling into account moving forward. She states, “Many of my clients will deliberate and move forward from a policy perspective without any input from me.”
She goes on to add that “Litigation is an investment, ultimately. If you take a litigation forward against the US government, you have to have some basis for why you think it would be successful to spend all that money. This decision will provide[parties] with a better feeling that they might win.”