Surf's Up: Is the Federal Circuit Using Rule 36 to Rubber-Stamp the PTAB’s Decisions in IPRs?
November 17, 2015
Authored and Edited by Jacob A. Schroeder; Justin A. Hendrix; Aaron Gleaton Clay
One practice the Federal Circuit has used so far to handle the “tsunami” of appeals from IPR decisions is consolidation, which allows the Court to combine related appeals that raise similar issues. Another practice the Court has used—Rule 36 judgments after oral argument—reduces the burden imposed by issuing written decisions. An analysis of whether the Court is using Rule 36 as an easy way to rubber stamp the majority of appeals from IPR decisions can be found on Finnegan’s Federal Circuit IP Blog.
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United States Court of Appeals for the Federal Circuit (CAFC), patentability, Rule 36, United States Patent and Trademark Office (USPTO)
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