From Judge Markey's Promise to Rule 36: We Do Not Just Render One-Worded Decisions
Briefly

The Supreme Court has the chance to rectify the Federal Circuit's reliance on no-opinion summary affirmances in patent cases, an issue highlighted by the ParkerVision petition.
ParkerVision's case exemplifies the infringement of 35 U.S.C. § 144, compelling the Federal Circuit to issue opinions in appeals from the USPTO, reinforcing the significance of reasoned judgments.
This matter underscores fundamental interests in human dignity and the rule of law, especially since Congress mandates that the Federal Circuit "shall issue" opinions for USPTO appeals.
The Federal Circuit's practice of summary affirmances without providing reasoning, especially in complex patent appeals, raises concerns about transparency and legal accountability.
Read at Patently-O
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