Rule 36 is an often-used rule of procedure by the U.S. Court of Appeals for the Federal Circuit to rule against an appellant affirming the decision below, without issuing an explanation. The entire appellate decision by the Federal Circuit under this rule is just one word: "Affirmed".
A study found that patent owners, typically small inventors, are nearly four times as likely to be subjected to a Rule 36 order than an opponent of a patent, typically a large corporation, is. As explained by JDSupra:
|“||When patent owners appeal PTAB decisions to the Federal Circuit, 67% of subsequent opinions are one-line Federal Circuit Rule 36 (“Rule 36”) summary affirmance orders, but when petitioners appeal, that number is a mere 18%. Chestnut Hill Sound Inc. v. Apple Inc., 774 F. App’x 676 (Fed. Cir. 2019), petition for cert. filed (U.S. Nov. 6, 2019) (No. 19-591).||”|
The full text of Rule 36 states:
|“|| FEDERAL CIRCUIT RULE 36
Entry of Judgment