What is Rule 36 at the Federal Circuit?

What does the rule require?

Rule 36(a) lists conditions involving the support for trial findings, jury verdicts, specified judgments, agency decisions under the applicable review standard, or absence of legal error. The court may use the rule only with its additional conclusion that an opinion would have no precedential value.

What can readers take from the result?

The judgment affirms the appealed result but supplies no written explanation of the panel's reasoning. Do not present an unexpressed rationale as the court's holding. As Phil-Insul v. Airlite Plastics explains, a Rule 36 judgment can still support issue preclusion, which prevents relitigation of a previously resolved issue when the legal requirements are met. Whether that issue was necessary to the earlier judgment matters.

Are review options different?

Check the rules and deadlines for the specific request. Rule 40 governs rehearing procedures, including a Rule 36 disposition in the required addendum. The court's practice note says en banc review is rarely appropriate for a nonprecedential or Rule 36 disposition; it does not say such a request is categorically unavailable.