Analysis

Has Rule 36 Peaked At The Federal Circuit?

Law360 (February 20, 2018, 9:04 PM EST) -- The number of patent cases the Federal Circuit ruled on without writing an opinion is in decline for the first time in recent years, amid criticism over the court’s use of these “silent decisions” and a plateau in its patent workload.

Statistics compiled by Law360 show the court affirmed patent decisions from the Patent Trial and Appeal Board or district court without a written explanation 161 times in 2017, which accounted for 38 percent of its patent rulings. This is down from 43 percent in 2016, when there were 179 such judgments.

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