Bloomberg BNA’s Patent Trademark & Copyright Law Daily™is the IP industry’s premier news service, offering objective, timely,and reliable daily news coverage and commentary from leading IP law...
By Tony Dutra
April 22 — An apparent anomaly—three patent cases heard by a Federal Circuit panel on April 6 and all decided on April 8 by Rule 36 affirmance without opinion—doesn't seem so random in light of the court's larger record during that time frame.
A second panel of three different judges heard three patent cases on April 10 and disposed of all three under Rule 36 on April 17.
The court's full schedule for the week included 55 oral arguments in cases running the court's jurisdictional gamut. As of April 17, the court had already decided 25 of those cases under Rule 36. That compares with 14 cases similarly disposed from the court's caseload a year ago.
This month's quick dispositions were particularly pronounced for cases coming from the Patent Trial and Appeal Board—15 out of the 23 cases heard. Another 21 appeals came from district courts, all appearing to be patent cases, with seven of those affirmed via Rule 36.
Of the total 22 patent-related Rule 36 dispositions, 15 different three-judge panels heard the cases, and 13 of them issued at least one affirmance without opinion. Chief Judge Sharon Prost and Judge Alvin A. Schall were members of both of the panels that did not.
Ten of the 11 active members of the court served on panels. Each signed onto at least three Rule 36 decisions. Judge Kimberly A. Moore did not participate in any April panels.
As observers noted previously, the PTAB figures are not surprising, as the court's caseload of appeals from decisions on post-grant oppositions is set to increase dramatically, offering little time for detailed opinions on every appeal.
One additional case was submitted to an April panel on the briefing, without argument. The court issued a six-page nonprecedential opinion in that case on April 13.
To contact the reporter on this story: Tony Dutra in Washington at email@example.com
To contact the editor responsible for this story: Tom P. Taylor at firstname.lastname@example.org
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)