The article by Dennis Crouch critiques the Federal Circuit's increasing reliance on Rule 36 summary affirmances, which allows the court to dismiss complex patent cases without written opinions. Crouch argues that this practice neglects significant legal questions and fails to provide necessary judicial review, particularly regarding intricate factual records in proceedings from the USPTO. Crouch cites specific cases, like Lu v. Hyper Bicycles and Wilson v. Corning, to illustrate critical issues left unaddressed, suggesting that judges should fulfill their role in grappling with these complexities, rather than sidestepping challenging cases.
In Rule 36 summary affirmances, the Federal Circuit disposes of complex patent cases without opinions, raising concerns about the lack of thorough judicial review.
The court's practice fosters uncertainty in patent law, particularly when sophisticated legal issues and significant monetary stakes are involved yet avoided in summary affirmances.
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