Wednesday, September 2, 2026

FRAP 36s waning in Fed. Cir.?

Bloomberg Law has Federal Circuit Writing More After Critique of One-Word Rulings

The Federal Circuit is writing more opinions — specifically more nonprecedential opinions — several years after it faced criticism from a group of patent lawyers and academics over the frequency with which it disposed of cases using single-word judgments saying just “affirmed.”

In 2025 the US Court of Appeals for the Federal Circuit issued 94 judgments under Federal Rule of Appellate Procedure 36, which allows for such decisions. According to a Bloomberg Law analysis, it was the first time that number dipped below 100 since 2007, and the court is on pace to post a modestly smaller total in 2026.