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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: | | 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: |
| | {{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>}} | | {{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>}} |
| | + | |
| | + | The full text of Rule 36 states:<ref>https://cafc.uscourts.gov/home/rules-procedures-forms/federal-local-rules-of-appellate-procedure/</ref> |
| | + | {{cquote|FEDERAL CIRCUIT RULE 36 |
| | + | <br>Entry of Judgment |
| | + | <br>(a) Judgment of Affirmance Without Opinion. |
| | + | <br>The court may enter a judgment of affirmance without opinion, citing this rule, when it determines that any of the following conditions exist |
| | + | and an opinion would have no precedential value: |
| | + | <br>(1) the judgment, decision, or order of the trial court appealed from is based on findings that are not clearly erroneous; |
| | + | <br>(2) the evidence supporting the jury’s verdict is sufficient; |
| | + | <br>(3) the record supports summary judgment, directed verdict, or judgment on the pleadings; |
| | + | <br>(4) the decision of an administrative agency warrants affirmance under the standard of review in the statute authorizing the petition for review; or |
| | + | <br>(5) a judgment or decision has been entered without an error of law. |
| | + | <br>(b) Separate Judgment. |
| | + | <br>The clerk of court will not prepare a separate judgment when a case is disposed of by order without opinion. The order of the court serves as the judgment when entered.}} |
| | == References == | | == References == |
| | {{reflist}} | | {{reflist}} |
| | [[category:Circuit Courts]] | | [[category:Circuit Courts]] |
| | [[category:Patent Law]] | | [[category:Patent Law]] |