Federal Circuit’s Rule 36 Affirmances: A Concerning Trend in Light of Loper Bright
Patent – Patently-O 2024-10-17
Summary:
by Dennis Crouch
Starting with my 2017 article chastising the Federal Circuit for its R.36 practice, dozens of parties have challenged the Federal Circuit's ongoing habit of regularly issuing a large number of no-opinion judgments. So far, the Federal Circuit has refused to address any of the legal process complaints - favoring silent efficiency over transparency.
A new en banc petition in Converter Manufacturing, LLC v. Tekni-Plex, Inc., raises the issue in a new way, particularly focusing on dicta from the Supreme Court's landmark ruling in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024). The petition highlights the tension between judicial efficiency and the court's constitutional duty to independently review agency actions.
- Read the brief: Converter Manufacturing Petition
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