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Wednesday, 12/06/2017 1:24:58 PM

Wednesday, December 06, 2017 1:24:58 PM

Post# of 46340
Anybody have a law360 account? Its free, but I haven't signed up yet.
If anyone does can they copy and paste this article?
Specifically a break down of the Judges on CAFC appeals

The title is:

The Federal Circuit Judges You Want On Your PTAB Appeal

https://www.law360.com/articles/895286/the-federal-circuit-judges-you-want-on-your-ptab-appeal

never mind, found it here for free no signup.

http://www.skgf.com/uploads/1561/doc/The_Federal_Circuit_Judges_You_Want_On_Your_PTAB_Appeal.pdf

Some interesting stuff from that article-

The data indicate that some
judges seem to be significantly less inclined to affirm the
board than others.
Leading that camp is U.S. Circuit Judge Raymond T. Chen.
Though Judge Chen voted to affirm 79 percent of patent
appeals arising from district court, that rate was much lower
for AIA appeals, where his affirmance rate was 48 percent.
In contrast, U.S. Circuit Judge Timothy B. Dyk voted to affirm
about 96 percent of the AIA appeals — despite an affirmance
rate of around 65 percent in district court patent cases.
Generally speaking, the numbers suggest that a party
appealing a PTAB decision in an AIA review would prefer to
face Judge Chen than Judge Dyk, and further that Judge Chen
gives greater deference to district courts than to the PTAB.
But he is not alone.
Eight of the 12 judges whose decisions were analyzed had
lower affirmance rates in patent cases arising from AIA
reviews at the PTAB than from the district court.
After Judge Chen, U.S. Circuit Judges Kimberly Ann Moore and Evan J. Wallach had the district court
affirmance rates that surpassed their AIA affirmance rates by the largest amounts.
Judge Moore voted to affirm in nearly 70 percent of patent appeals from district court, but only in 56
percent of AIA appeals. Judge Wallach's affirmance rates were 80 percent and 72 percent, respectively.



The Federal Circuit is somewhat unique in that the court does not announce the panel of judges who will
be hearing an appeal before the morning of scheduled arguments. Other circuit courts release the
names of the judges in advance.



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