The Federal Circuit's practice of issuing no-opinion judgments is increasingly contested, as the law clearly states it must issue both mandate and opinion in patent appeals.
ParkerVision's case challenges the summary affirmances without opinion, arguing they violate 35 U.S.C. § 144 which mandates issuance of opinions for Patent Office appeals.
The increasing number of amicus briefs in ParkerVision v. TCL underscores the significance of addressing the no-opinion judgment problem and its implications for patent law.
With eight amicus briefs now filed, there is growing momentum pushing for Supreme Court review of the Federal Circuit's controversial Rule 36 practice.
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