"Facially, the option not to issue an opinion relying on Rule 36 is inconsistent with the statutory mandate to issue an opinion pursuant to Section 144."
"CPC appealed from a Rule 36 decision of the Federal Circuit affirming a PTAB ruling that invalidated claims 1, 2, 19 and 20 of CPC's U.S. Patent No. 8,620,039."
"CPC's position was that both appeals were predicated upon the assumption that merely 'associating' data in a memory location satisfies a claim limitation."
The U.S. Supreme Court denied CPC Patent Technologies' petition regarding the Federal Circuit's use of Rule 36 to affirm PTAB decisions without issuing an opinion. CPC argued that this practice contradicts the statutory requirement for an opinion under Section 144. The petition followed a previous denial in November 2025, both involving inter partes review rulings initiated by Apple, Inc. The '039 patent, related to biometric data security, faced conflicting decisions from the CAFC regarding its claims and prior art disclosures.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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