“Whether the Federal Circuit’s use of its Local Rule 36, which allows summary affirmance without opinion, (a) improperly defers to the Patent Trial and Appeal Board’s interpretations of law in inter partes review proceedings and so denies judicial review of agency decisions on questions of law as required by Loper Bright Enterprises v. Raimondo, (b) improperly insulates the PTAB from the de novo review required by the Administrative Procedure Act, and (c) violates Congress’s explicit direction in 35 U.S.C. § 144 requiring an ‘opinion’ of all appeals from the Patent Office.”
