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Rule 36 (view source)

Revision as of 22:28, October 23, 2022

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'''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".
 
'''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".
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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:
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{{cquote|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).<ref>https://www.jdsupra.com/legalnews/federal-circuit-three-times-more-likely-78462/</ref>}}
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== References ==
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{{reflist}}
 
[[category:Circuit Courts]]
 
[[category:Circuit Courts]]
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[[category:Patent Law]]
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