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

By Doug Stewart and Jared Schuettenhelm

In TecSec, 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 Circuit may “enter a judgment of affirmance without opinion” if certain conditions are met. Fed. Cir. R. 36. The TecSec 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. Parties that may be subject to a Rule 36 affirmance should thus be aware of the potentially limited scope of such a judgment.

TecSec filed suit in the Eastern District of Virginia against a number of defendants, alleging that defendants' Internet servers and related software products infringed TecSec's patents related to methods and systems that secure computer data. The district court severed TecSec's claims against IBM and proceeded with claim construction. At the same time, the district court stayed the proceedings against the remaining defendants.

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