Patent Law University

26 decisions · Courts and the ITC

Federal Circuit Rule 36 Affirmances

Federal Circuit Rule 36 lets the court enter judgment affirming a decision without an opinion when an opinion would have no precedential value and one of the rule’s listed conditions is met. These posts track the court’s Rule 36 judgments in patent appeals.

New decisions are added every weekday. Get the free daily digest by email.

  1. Fed. Cir. · Oct. 8, 2026In re GonthierThe Federal Circuit affirmed the Patent Trial and Appeal Board's decision in the appeal concerning Application No. 16/108,860, issuing a per curiam judgment under Fed. Cir. R. 36 without opinion.
  2. Fed. Cir. · Sept. 15, 2026ABC IP LLC v. PEAK TACTICAL LLCThe Federal Circuit affirmed the District of Wyoming under Federal Circuit Rule 36. The court issued no written opinion, so the basis for affirmance is not stated.
  3. Fed. Cir. · Sept. 15, 2026DODOTS Licensing Solutions LLC v. Samsung Electronics Co., Ltd.The Federal Circuit summarily affirmed the PTAB. The judgment provides no reasoning, so the specific patentability issues and grounds affirmed are not clear from the disposition.
  4. Fed. Cir. · Sept. 11, 2026Caddo Systems, Inc. v. JetBrains Americas, Inc.The Federal Circuit affirmed the District of Delaware’s judgment under Federal Circuit Rule 36. The judgment provides no written rationale or identification of the specific patent-law issue decided.
  5. Fed. Cir. · Sept. 11, 2026WIPQTUS, INC. v. SAMSUNG ELECTRONICS CO., LTD.The Federal Circuit affirmed the PTAB without opinion under Federal Circuit Rule 36. The judgment provides no reasoning or issue-specific holding beyond affirmance.
  6. Fed. Cir. · Aug. 10, 2026Dental Monitoring SAS v. Align Technology, Inc.The Federal Circuit held that AIA § 102(d)(2) requires substantive entitlement to priority, including § 112(a) written-description support, before a reference patent or published application can use an earlier provisional filing date as…
  7. Fed. Cir. · July 30, 2026ON24, Inc. v. Webinar.net, Inc.The Federal Circuit affirmed the district court’s judgment without a written opinion under Rule 36. The judgment does not identify the patent-law issues decided or the panel’s reasoning.
  8. Fed. Cir. · July 17, 2026Schindler v. SquiresThe Federal Circuit affirmed the district court’s judgment without opinion under Federal Circuit Rule 36. The judgment provides no merits reasoning or identified patent-law issue.
  9. Fed. Cir. · July 14, 2026Percept Technologies Inc. v. SquiresThe Federal Circuit affirmed the PTAB without opinion under Federal Circuit Rule 36. The judgment provides no reasoning and does not identify the underlying patentability issue or technology.
  10. Fed. Cir. · July 14, 2026In re Gerald A. NiznickThe Federal Circuit affirmed the PTAB without an opinion under Federal Circuit Rule 36. The judgment provides no reasoning on the underlying patentability or procedural issues.
  11. Fed. Cir. · July 13, 2026Ecolink Intelligent Technology, Inc. v. Roku, Inc.The Federal Circuit affirmed the PTAB without opinion under Federal Circuit Rule 36. The judgment states no reasoning and identifies no separate patent-law holding.
  12. Fed. Cir. · July 9, 2026In re GE Vernova Hitachi Nuclear Energy Americas LLCThe Federal Circuit affirmed the PTAB. The Rule 36 judgment provides no reasoning or substantive discussion of the patentability issues.
  13. Fed. Cir. · July 9, 2026In re Gerald A. NiznickThe Federal Circuit affirmed the PTAB without opinion under Federal Circuit Rule 36. The judgment provides no reasoning or issue-specific holding.
  14. Fed. Cir. · June 10, 2026INNEOS LLC v. OPTICIS CO., LTD.The Federal Circuit affirmed the PTAB without opinion under Federal Circuit Rule 36. The judgment does not identify the patentability grounds, claim issues, or reasoning.
  15. Fed. Cir. · June 9, 2026Centripetal Networks, LLC v. Keysight Technologies, Inc.The Federal Circuit affirmed the PTAB. The Rule 36 judgment provides no reasoning or issue-specific holdings.
  16. Fed. Cir. · June 9, 2026ATLAS GLOBAL TECHNOLOGIES LLC v. LIANZHOU TECHNOLOGIES CO., LTD.The Federal Circuit affirmed the district court without opinion under Federal Circuit Rule 36. The judgment provides no reasoning or issue-specific holding.
  17. Fed. Cir. · June 8, 2026Zentian Ltd. v. Apple Inc.The Federal Circuit affirmed the PTAB without opinion under Federal Circuit Rule 36. The judgment provides no substantive reasoning or issue-specific holding.
  18. Fed. Cir. · June 3, 2026Amsted Rail Company, Inc. v. SquiresThe Federal Circuit affirmed the PTAB decisions in IPR2023-00538 and IPR2023-00539 under Fed. Cir. R. 36, so the Board's rulings in both inter partes reviews stand. The judgment gives no reasoning and does not identify the issues.
  19. Fed. Cir. · May 15, 2026PerDiemCo LLC v. NexTraq LLCThe Federal Circuit affirmed, under Fed. Cir. R. 36, the Northern District of Georgia's decision on appeal by PerDiemCo against NexTraq, so PerDiemCo lost the appeal. The judgment gives no opinion, so the grounds and the subject of the…
  20. Fed. Cir. · May 15, 2026PerdiemCo LLC v. NexTraq LLCThe Federal Circuit affirmed the Northern District of Georgia's judgment in favor of NexTraq LLC against PerdiemCo LLC, summarily under Fed. Cir. R. 36 and without opinion. The judgment does not state the issues or reasoning.
  21. Fed. Cir. · May 14, 2026Spero v. Mercedes-Benz USA, LLCThe Federal Circuit affirmed, under Fed. Cir. R. 36, the PTAB decisions in two consolidated inter partes reviews (IPR2023-01026 and IPR2023-01027), so the Board's rulings stand and appellant Spero obtained no relief. The judgment gives no…
  22. Fed. Cir. · May 14, 2026Spero v. Mercedes-Benz USA, LLCThe Federal Circuit summarily affirmed, under Fed. Cir. R. 36, the PTAB decisions in three consolidated inter partes reviews (IPR2023-01034, -01039, -01040), leaving the Board's outcomes undisturbed. The judgment gives no reasoning and…
  23. Fed. Cir. · May 13, 2026Flypsi, Inc. v. Google LLCThe Federal Circuit affirmed, under Federal Circuit Rule 36, the PTAB decisions in five consolidated inter partes reviews (IPR2023-00357 through -00361), so the Board's decisions stand. The judgment gives no reasoning.
  24. Fed. Cir. · May 13, 2026Nike, Inc. v. Lululemon Athletica Canada Inc.The Federal Circuit affirmed the PTAB's decision in IPR2023-00180 under Fed. Cir. R. 36, so the Board's decision on appeal by Nike stands. The judgment gives no opinion and does not describe the Board's ruling or the grounds for affirmance.
  25. Fed. Cir. · May 12, 2026VideoLabs, Inc. v. Netflix, Inc.The Federal Circuit affirmed the PTAB's decision in IPR2023-00628 under Fed. Cir. R. 36, so the Board's decision stands unchanged. The judgment gives no reasoning.
  26. Fed. Cir. · May 7, 2026Slingshot Printing LLC v. Canon U.S.A., Inc.The Federal Circuit summarily affirmed the PTAB's final written decision in IPR2022-01416 without opinion. No legal reasoning was provided.

Other topics