<i>TecSec v. IBM</i>: The (Not-So) Reaching Impact of Rule 36 Affirmances

In <i>TecSec, Inc. v. IBM Corp., et al.</i>, the Federal Circuit explained the effect of Federal Circuit Rule 36, under which the Federal Circuit may "enter a judgment of affirmance without opinion" if certain conditions are met. Fed. Cir. R. 36. The decision highlights the impact of a Rule 36 affirmance on related issues in subsequent litigation, particularly where the Federal Circuit summarily affirms a district court decision that is based on multiple, independent grounds.

17 minute readNovember 02, 2013 at 12:00 AM
By
Doug Stewart
Jared Schuettenhelm
<i>TecSec v. IBM</i>: The (Not-So) Reaching Impact of Rule 36 Affirmances

InTecSec, Inc. v. IBM Corp., et al., 2012-1415 (Fed. Cir. Oct. 2, 2013), the Federal Circuit explained the effect of Federal Circuit Rule 36, under which the Federal

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