Posts Tagged: Rule 36 judgment


USPTO admits to stacking PTAB panels to achieve desired outcomes

The USPTO admits that the Director does not have statutory authority to adjudicate an issue after a panel has been chosen, but argues that the Director can …
By Gene Quinn
3 months ago 60

Rule 36, Collateral Estoppel and Unequal Treatment at the Federal Circuit

IntegraSpec was denied the opportunity to make its case here because of collateral estoppel based on the reasoning that they already had a full and fair opportunity …
By Gene Quinn & Peter Harter
7 months ago 7

Federal Circuit says Rule 36 Judgments can have Preclusive Effect

A Federal Circuit Rule 36 judgment can be a valid and final judgment for purposes of preclusive effects. Additionally, district court findings affirmed by a Rule 36 judgment can …

The Federal Circuit should never use Rule 36 if a patent claim is invalidated

What happens if a patent owner who suffered that Rule 36 summary loss to Google at the Federal Circuit were to decide to sue another party – perhaps Apple – …
By Gene Quinn & Peter Harter
8 months ago 8

Rule 36: The Ides of March for the Federal Circuit?

Based on how often the Supreme Court reverses the Federal Circuit, what percentage of the Court’s Rule 36 decisions are wrong? Perhaps 90% of them? Then again it …
By Peter Harter & Gene Quinn
9 months ago 3

SCOTUS invites Michelle Lee to Respond to Oil States IPR related petition for certiorari

The first and perhaps most obvious news story here relates to the fact that the United States Supreme Court believes that Michelle Lee remains Director of the …
By Gene Quinn
9 months ago 15

Is it time for the Federal Circuit to award costs and fees in Rule 36 judgments?

Erich Spangenberg commented on our most recent Rule 36 article, “Does the Federal Circuit’s use of Rule 36 call into question integrity of the judicial process?” He raised …
By Peter Harter & Gene Quinn
9 months ago 0

Does the Federal Circuit’s use of Rule 36 call into question integrity of the judicial process?

The Federal Circuit is using Rule 36 as a docket management tool, which allows the real problems facing the patent system to fester like an open wound. Between …
By Gene Quinn & Peter Harter
9 months ago 2

Rule 36: Unprecedented Abuse at the Federal Circuit

The principal manner in which the district courts are divining their guidance from the Federal Circuit is by review of the precise language of claims that court …
By Peter Harter & Gene Quinn
10 months ago 6

PCT International keeps permanent injunction thanks to Rule 36 affirmance

A lack of written opinion in the Rule 36 affirmance issued by Federal Circuit wasn’t an issue for PCT’s counsel. "These types of results reflect a …
By Steve Brachmann
1 year ago 0

Rule 36 Judgment: The growing problem of one word affrimance by the Federal Circuit

In PCT International, Inc. v. Holland Electronics, LLC, the use of a Rule 36 judgment is particularly disconcerting because the Federal Circuit upheld the issuance of a permanent …
By Gene Quinn
1 year ago 6