Intellectual Property will be majorly affected by Chevron

The Court’s decision in Loper Bright will likely have a significant impact on all regulated industries, including the highly regulated life sciences industry. The decision may provide opportunities to raise new or enhanced arguments at various stages of proceedings to support or oppose an agency’s interpretation, as well as new proactive challenges to existing agency rules or standards. This is especially true with respect to disputes pending in the federal courts, including rulemaking challenges or agency decision appeals. The exact impact of Loper Bright on the life sciences industry will likely only be truly known with the passage of time. What is clear, however, is that the Loper Bright decision will affect the application and interpretation of a significant number of the statutes under which the life sciences industry operates. This will impact a multitude of areas, including regulation by the Food and Drug Administration (FDA), healthcare and product reimbursement, white collar enforcement and investigations, intellectual property, Federal Trade Commission and antitrust enforcement, international trade and national security regulation, public company disclosures, environmental regulation, government contracting, business transactions, and litigation, which we discuss below.