Legal Opinion
Dickinson v. Zurko
Supreme Court of the United States
Decided June 10, 1999No. 98-377PublishedCited by 1,008 opinions
1Opinion of the CourtJustice Breyer
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Section 706, originally enacted in 1946, sets forth standards that govern the “Scope” of court “review” of, e.g., agency factfinding (what we shall call court/agency review). It says that a
“reviewi…
2Cases cited125 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
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3Cited by1,008 opinions
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- Brault v. Social Security AdministrationCourt of Appeals for the Second Circuit · 2012
- Microsoft Corp. v. i4i Ltd. PartnershipSupreme Court of the United States · 2011
- Saidou Dia v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2003
- Aktieselskabet Af 21. November 2001 v. Fame Jeans Inc.Court of Appeals for the D.C. Circuit · 2008
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