The Federal Circuit's use of Rule 36 judgments—no-opinion affirmances—threatens transparency and accountability in patent law, as seen in both ParkerVision and Island IP cases.
ParkerVision contends that the Rule 36 affirmance bypasses the mandate for the Federal Circuit to issue reviews and opinions on appeals from the PTAB.
For Island IP, the Rule 36 decision obscures critical issues in the district court's summary judgment handling, especially concerning disputed factual matters.
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