Banning Rule 36 Affirmances: Be Careful What You Ask For

Law360, New York (August 25, 2017, 12:02 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit uses Rule 36 affirmances to dispose of appeals when “an opinion would have no precedential value.” Not unique to the Federal Circuit, the procedural mechanism is a valuable tool for resolving easy cases without the need for a written opinion. It enables the court to manage an increasing caseload and dispense justice quickly.

In recent months, however, the Rule 36 affirmance has come under attack. Some have argued — erroneously — that a specific statute bars a Rule 36 affirmance in U.S. Patent and Trademark Office appeals.[1] In separate writings, I have...

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