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Surf’s Up: Is the Federal Circuit Using Rule 36 to Rubber-Stamp the PTAB’s Decisions in IPRs?

By Jacob A. Schroeder Justin A. Hendrix on November 17, 2015

One practice the Federal Circuit has used so far to handle the “tsunami” of appeals from IPR decisions is consolidation, which allows the Court to combine related appeals that raise similar issues. Another practice the Court has used—Rule 36 judgments after oral argument—reduces the burden imposed by issuing written decisions. An analysis of whether the Court is using Rule 36 as an easy way to rubber stamp the majority of appeals from IPR decisions can be found on Finnegan’s Federal Circuit IP Blog.

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  • Posted in:
    Intellectual Property
  • Blog:
    AIA Blog
  • Organization:
    Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
  • Article: View Original Source

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