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Thursday, October 08, 2020 10:44:41 PM
1) Number of days until CAFC decides to rehear the case by original panel: unknown— it could be tomorrow or could be days or weeks from now. The petition to rehear the case by the original panel could be decided tomorrow, or days from now, if all 3 original panel members agree that portion of Fish petition should be denied.
We now move to 2):
2) Number of days until CAFC decides to rehear the case en banc: same as 1) above. It takes a majority of 7 judges to vote to rehear a decided case en banc. That decision depends on time available to each of 12 judges. That decision also depends on any amount of time given to H and R to respond to Fish petition and supporting amicus briefs; I figure ~ 2-4 weeks(10-30 days) should Court notify H and R it desires a response to those briefs.
Now assume the CAFC grants the petition to rehear the case en banc. The variables now become many. Will the court require further supplemental briefs, addressing specific issues on which it wants further discussion? Will there be further oral argument? If so, when?
Now recall, among others, the Amarin v. ITC case. I am remembering one year elapsed from time of en banc hearing of the case to date of decision on issues presented.
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