Thursday, July 23, 2020 1:04:07 AM
All good questions which I am happy to address. The judges obviously juggle multiple cases at the same time, which answers your question as to why it can take so long to render a decision. The judges have an extensive caseload.
In the Federal Circuithere are only 12 judges, plus 6 Senior Status judges for several hundred cases. Each one of these cases is complex, high stakes, highly technical, intellectually challenging, and very paper heavy. (The Appendix in the Amarin Appeal is 111,621 pages!).
Except for a handful of cases heard by the Supreme Court, the Federal Circuit is THE word on intellectual property law for the entire country. There are billions of dollars at stake in the Amarin case alone. Now multiply that by hundreds of cases. Very serious business.
In terms of review, the each judge's law clerk prepares a memorandum summarizing the arguments presented. The judges form their initial independent views, and then collaborate, share, discuss, debate, and ultimately vote. Once they vote, then the writing of the Opinion is assigned to a member of the Panel, who then circulates the draft to the other judges. If there is a 2-1 dissent, then the dissenting judge prepares a dissenting opinion as well.
There is not specific deadline. It will take as long as the Panel decides it will take. The Amarin case being expedited, might cut down on the wait time. Even though there are no deadlines, they do adhere to certain professionalism, as they are under an ethical duty to render justice within a reasonable time, plus there are always more cases coming down the pike.
I think this fully addresses your inquiry, and I hope this helps your understanding of the appellate process.
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