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Re: Freifaller post# 306100

Tuesday, 10/20/2020 10:27:59 AM

Tuesday, October 20, 2020 10:27:59 AM

Post# of 429484
That is correct. The Ninth Circuit is a much bigger court with a significantly larger caseload and number of judges (29 authorized judgeships on the Ninth Circuit as compared to 12 on the Federal Circuit). In terms of the timetable for deciding on whether to grant en banc, each Circuit can make their own rules.

Bottom line here is that there is no specific timetable or deadline for the Federal Circuit to make its decision on en banc review. It could come today, or it could come at some point down the road. As a practical matter, the decision is likely to come relatively soon, but none of us have access to their internal deliberations, and the Court can pretty much do whatever it wants in terms of its timetable and decision.
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