Q. Todd Dickinson, Acting Commissioner of Patents and Trademarks v. Mary E. Zurko et al. (527 U.S. 150)
U.S. Supreme Court · decided June 10, 1999 · Supreme Court Database (Spaeth)
- Citation
- 527 U.S. 150 · 119 S. Ct. 1816
- Decided
- June 10, 1999
- Term
- October Term 1998
- Vote
- 6–3
- Majority author
- Justice Breyer
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
527 U.S. 150 (1999) DICKINSON, ACTING COMMISSIONER OF PATENTS AND TRADEMARKS v. ZURKO et al. No. 98-377. United States Supreme Court. Argued March 24, 1999. Decided June 10, 1999. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT *152 Breyer, J.,delivered the opinion of the Court, in which Stevens, O'Connor, Scalia, Souter, and Thomas, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Kennedy and Ginsburg, JJ., joined, post, p. 170. Deputy Solicitor General Wallace argued the cause for petitioner. With him on the briefs were Solicitor General Waxman, Assistant Attorney General Hunger, Edward C. DuMont, William Kanter, Bruce G. Forrest, Albin F. Drost, Karen A. Buchanan, and Kenneth R. Corsello. Ernest Gellhorn argued the cause for respondents. With him on the brief were Jeffrey S. Lubbers, Ann G. Weymouth, Janice M. Mueller, and Russell Wong. [*] *152 Justice Breyer, delivered the opinion of the Court. The Administrative Procedure Act (APA) sets forth standards governing judicial review of findings of fact made by federal administrative agencies. 5 U.S. C . § 706. We must decide whether § 706 applies when the Federal Circuit reviews findings of fact made by the Patent and Trademark Office (PTO). We conclude that it does apply, and the Federal Circuit must use the framework set forth in that section. I Section 706, originally enacted in…
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