What Is a Rule 36 Judgment?

Recently, the Federal Circuit issued a ruling in IA Labs CA v. Nintendo Co., LTD, which upheld Nintendo’s victory in the patent litigation brought by IA Labs in the United States Federal District Court for the District of Maryland. See Nintendo Wins Attorneys’ Fees Fighting Baseless Patent Lawsuit. The decision was hardly extraordinary. It simply read: “AFFIRMED. See Fed. Cir. R. 36.” This is what is called a “Rule 36 judgment,” or sometimes a “summary affirmance.”

A Rule 36 judgment can be entered without an opinion when it is determined by the panel that any one of five conditions exist and a written opinion would not have precedential value. The five conditions are:

  1. The judgment, decision, or order of the trial court appealed from is based on findings that are not clearly erroneous.
  2. The evidence supporting the jury’s verdict is sufficient.
  3. The record supports summary judgment, directed verdict, or judgment on the pleadings.
  4. The decision of an administrative agency warrants affirmance under the standard of review in the statute authorizing the petition for review.
  5. A judgment or decision has been entered without an error of law.

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07.15.13 | CAFC | Gene Quinn