Please join the New York Intellectual Property Law Association (NYIPLA) PTAB Committee on December 17th for a discussion regarding Local Rule 36: Federal Circuit Review Under Scrutiny at the Supreme Court.

Chief Judge Markey at the founding of the Federal Circuit made a promise to the bar: "In our Court there will be an opinion explaining enough to tell you what the law is in every case. ***We do not just render a one-worded decision and go away." Yet, for at least the past decade, over 35% of all appeals and over 45% of appeals from the USPTO are decided by the Federal Circuit under its Local Rule 36 with a single word "affirmed", and no explanation of the basis or rationale therefor. Both Local Rule 36 and its implementation by the Federal Circuit are out-of-step with the other circuit courts, as well as their own review process of district court and PTAB decisions.

A pair of petitions for certiorari are pending before the Supreme Court to take on the issue Island and ParkerVision, which are seeking SCOTUS review in this practice. ParkerVision and Island together provide an ideal vehicle for this Court to evaluate the issue of summary affirmances by Court of Appeals generally, and the Federal Circuit's Local Rule 36 in particular, both in the context of the general appeal statute of 28 U.S.C. § 1291 (Island), as well as with respect of the specific appellate statue for appeals from the USPTO to the Federal Circuit under 35 U.S.C § 144 (ParkerVision).

Learn more about Local Rule 36 practice, the objections raised in Island and ParkerVision. 

Speakers: Island's team, Charley Macedo, David Goldberg and John Dellaportas will be speaking with team members Thomas Hart and Jamie Zipper. Counsel for ParkerVision's team, Amit Vora and Ronald Daignault will be speaking. Amicus counsel Robert Rando and Charlie Miller will also be joining the discussion. Counsel for the Amicus Brief in ParkerVision on behalf of the D.C. Bar Association, William Atkins will be participating. Counsel for the Amicus Brief in Island on behalf of the Boston Intellectual Property Law Association, Kia Freeman and Matthew van Eman, will be joining. Co-Chair Ken Adamo and Board Liaison David Bomzer will be present to host and facilitate discussion.

There will be a Q&A session afterward. This event is free to all NYIPLA members and PTAB Committee members. 1.0 NY/NJ CLE credit will be available for attendees.

Please remember to re-register for the NYIPLA and PTAB Committee if you have not yet done so in the new year to continue to participate at no additional cost in the PTAB Committee CLE program on the third Tuesday of every month, at 4:00 p.m. ET