Very interesting this Fed Rule 36....
Finally, US Inventor argues that the Federal Circuit’s use of Rule 36 judgments systematically and unfairly biases outcomes in favor of affirmance.
https://www.ipwatchdog.com/2018/10/22/federal...id=102364/
Aside from robbing the industry of precedent, how can the public be at all confident that the Court took the time to thoughtfully consider the arguments made if there is nothing more than a naked conclusion reached? This rubs many the wrong way. Since the earliest days of our formalized education we have been told repeatedly to “show your work,” but here at the pinnacle of our Justice system judges are allowed to summarily reject an appeal without as much as an explanation?
This use of Rule 36 judgments is also particularly alarming given how frequently the Federal Circuit relies upon a Rule 36 judgment. Earlier this summer PatentlyO reported that as a result of the AIA the Federal Circuit is now getting more appeals from the Patent Office than from district courts, and that the usage of Rule 36 judgments is increasing both in real numbers and in percentages of disposals. Between January 2016 and May 2016, the Federal Circuit relied upon a Rule 36 judgment to dispose of 43% of appeals from district courts and nearly 50% of appeals from the United States Patent and Trademark Office.
https://www.ipwatchdog.com/2016/08/22/rule-36.../id=72108/
Rule 36 is a joke and seems to me to make this case still very wide open based off some of these articles.
Finally, US Inventor argues that the Federal Circuit’s use of Rule 36 judgments systematically and unfairly biases outcomes in favor of affirmance.
https://www.ipwatchdog.com/2018/10/22/federal...id=102364/
Aside from robbing the industry of precedent, how can the public be at all confident that the Court took the time to thoughtfully consider the arguments made if there is nothing more than a naked conclusion reached? This rubs many the wrong way. Since the earliest days of our formalized education we have been told repeatedly to “show your work,” but here at the pinnacle of our Justice system judges are allowed to summarily reject an appeal without as much as an explanation?
This use of Rule 36 judgments is also particularly alarming given how frequently the Federal Circuit relies upon a Rule 36 judgment. Earlier this summer PatentlyO reported that as a result of the AIA the Federal Circuit is now getting more appeals from the Patent Office than from district courts, and that the usage of Rule 36 judgments is increasing both in real numbers and in percentages of disposals. Between January 2016 and May 2016, the Federal Circuit relied upon a Rule 36 judgment to dispose of 43% of appeals from district courts and nearly 50% of appeals from the United States Patent and Trademark Office.
https://www.ipwatchdog.com/2016/08/22/rule-36.../id=72108/
Rule 36 is a joke and seems to me to make this case still very wide open based off some of these articles.
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