A Proposal For Fed. Circ. On Use Of Rule 36

Law360, New York (February 23, 2017, 11:34 AM EST) -- Stefan Szpajda

Charlene Morrow Under Rule 36 of the Federal Circuit Rules, the Federal Circuit can enter judgment without an opinion when it determines that a written opinion would not have precedential value. Commentators have observed that in recent years, as the volume of appeals it hears has increased, the Federal Circuit has cited Rule 36 more frequently. The Federal Circuit’s reliance on Rule 36 has a significant impact on patent litigation because, in patent cases, the Federal Circuit is ruling on the scope, infringement and validity of an asset that has a considerable life span. A single patent may be...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS