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...

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