Posts Tagged: Rule 36
Other Barks & Bites for Friday, May 17: Trump Bans Huawei, Alibaba Shows Improved Brand Protection and China Revises Copyright Law
This week in Other Barks & Bites: Chinese state political advisors suggest changes to the country’s copyright law, including stronger punitive measures for infringement; President Donald Trump …
Federal Circuit Rule 36 Judgment in VirnetX v. Cisco and Apple: A Look at the Oral Arguments
IPWatchdog has been closely following the growing trend of Rule 36 affirmances at the Federal Circuit. Perhaps one of the most widely publicized of these was the January 15 …
No End in Sight for Rule 36 Racket at Federal Circuit
According to Federal Circuit Rules, a Rule 36 judgment can be entered without an opinion when it is determined by the panel that one of five conditions exist …
Alleged Due Process, APA Violations by PTAB Rule 36ed by Federal Circuit
Federal Circuit issued a Rule 36 summary judgment in Chart Trading Development, LLC v. Interactive Brokers LLC, affirming the invalidation of patent claims owned by Chart Trading in …
Rule 36 Affirmances at the Federal Circuit – Week of October 8, 2018
During the week of October 8, 2018, there were five cases involving patents that were decided without an opinion as a result of Rule 36 affirmances at the United States …
Capella Photonics Challenges Federal Circuit Practice of Judgments Without Opinions
Capella Photonics, Inc. has filed a petition for certiorari arguing that the Federal Circuit’s practice of issuing judgments without opinion pursuant to Federal Circuit Rule 36 in …
Is the Federal Circuit using Rule 36 to avoid difficult subject matter?
Obviously, Judges cannot be experts on all things, but this apparent lack of understanding of something so fundamental to the case was a bit alarming for the …
Did Federal Circuit Fail to Understand the Technology? We Will Never Know Thanks to Rule 36!
But did Judge Reyna really fail to understand the importance that a web page and the page server are not the same thing as the Federal Circuit …
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 …
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 …
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 – …
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 …
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 …
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 …
