The Founding of the Federal Circuit Was Rooted in the Needs for Clear Opinion Writing and Uniformity in Patent Law
Introduction
Since the enactment of the Leahy-Smith American Invents Act of 2011 on September 16, 2011, until the end of 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) has issued a staggering number of “Rule 36 Judgments” — one-word affirmances which include no explanation of the reasons or basis for the court’s affirmance under Local Rule 36. According to the Federal Circuit’s website, the Federal Circuit has issued Rule 36 Judgments in a total of 2,426 cases (over 20% of all cases), with 737 being appeals from District Courts (over 22% of such cases) and 995 being appeals from the USPTO (over 35% of such appeals).[1] This practice is not merely contrary to the practices at other circuits,[2] but also contrary to the purpose and historical basis for the founding of the Federal Circuit as a subject matter jurisdiction appellate court.
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