· 6/29/2017
Kapcsos, A. v. Benshoff, M.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that the federal government had no statutory basis to file a petition for inter partes review
- holding that, “absent other contextual indicators of Congress’ intent to include the Government in a statutory provision referring to a ‘person,’” the government is not a “person” capable of instituting administrative review proceedings
- explaining that a statutory term will not always “mean the same thing” each time it is used, “especially when [it] is used throughout a statute and takes on distinct characters in distinct statutory provisions” (internal quotation marks omitted)
- \The consistent-usage canon breaks down where Congress uses the same word in a statute in multiple conflicting ways.\
- first quoting United States v. Mine Workers, 330 U.S. 258, 275 (1947); and then quoting 1 U.S.C. § 1
- “[A] federal agency is not a ‘person’ who may petition for post-issuance review under the [America Invents Act].”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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