The Federal Circuit's practice of issuing summary affirmances without opinion undermines fundamental judicial accountability, meaningful legal review, and fails to provide necessary legal precedents, violating 35 U.S.C. § 144.
The Bar Association of the District of Columbia argues that the lack of written opinions hinders practitioners' ability to provide informed guidance to their clients, emphasizing the crucial need for clear legal precedent.
The ongoing use of Rule 36 by the Federal Circuit to affirm without opinion raises serious concerns regarding transparency, as nearly half of its patent cases lack any explanatory reasoning.
ParkerVision's petition challenges Rule 36 by pointing out that the statutory requirement of issuing an opinion after appeal is essential for maintaining the integrity of the judicial process.
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