Parker Vision v. TCL Industries

Overview

On November 20, 2024 the Fair Inventing Fund submitted an amicus brief
at the US Supreme Court in support of a cert petition filed by
ParkerVision, Inc., on the issue of whether the US Court of Appeals
for the Federal Circuit must provide a written opinion when issuing a
judgement on an appeal from the Patent Trial & Appeal Board (PTAB) at
the US Patent & Trademark Office (USPTO).   In 1984 Congress updated
the 1982 law that created the Federal Circuit and in 35 USC Sec. 144
mandates that the Federal Circuit write out opinions on appeals from
the PTO.  The Fair Inventing Fund's amicus brief features a unique
approach.  Page 3, the SUMMARY OF ARGUMENT page, just says "The
petition should be granted." The rest of the page is blank.  Then at
the top of Page 4 the brief continues: "That wasn’t very satisfying,
was it? When it comes to oversight of the bureaucracy that runs much
of our patent system, Congress apparently felt the same way."

Sometimes a picture of an empty page is worth more than one thousand
words.  When the Federal Circuit uses its own local Rule 36 to issue a
one-word "AFFIRMED" judgement with no explanation about what they
found to be so correct about the PTAB's decision, the parties and the
public are robbed of dignity and rule of law.

The brief filed by Fair Inventing Fund can be viewed here.