Dickinson v. Zurko: Limits on the Federal Circuit's Standard of Review

Authors

• Sue Ann Mota, Bowling Green State University

Abstract

Standards ofreview matter -or at least we think they do. After receiving an unfavorable decision from an administrative agency, a party faces a high hurdle on appeal if the standard of review is quite deferential. In Dickinson v. Zurko, the Supreme Court recently held that decisions of the Patent and Trademark Office (PTO) must be reviewed under the relatively lax scrutiny required by the Administrative Procedure Act (APA). In contrast, the Federal Circuit had claimed the right to use the tougher "clearly erroneous" standard in Federal Rule of Civil Procedure 52(a).

Rejecting the historical, statutory, and policy reasons of the Federal Circuit, the Supreme Court thus changed the standard of review in a way that makes it harder for disappointed patent applicants to prevail on appeal. This article discusses Zurko and its implications for patent appeals and patent infringement actions.

Recommended Citation

Sue Ann Mota, Dickinson v. Zurko: Limits on the Federal Circuit's Standard of Review, 4 Computer L. Rev. & Tech. J. 23 (1999)