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Monday, January 17, 2011 8:39:01 PM
Not sure if this has been posted yet so forgive me if it has:
Re: Average time period for a decision from the CAFC
« Reply #1 on: 08-12-09 at 01:59 pm »
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Is anyone aware of statistics showing the avarage time it takes the CAFC to issue a decision post oral argument?
"My keen research assistant Patrick Barnacle pulled up records on 56 ex parte patent appeals that have been decided by the Court of Appeals for the Federal Circuit since March 2005. All of these cases arise from rejections sustained by the USPTO's internal Board of Patent Appeals and Interferences (BPAI). We are working to create a more complete database. In the meantime, I wanted to report some preliminary results on timing." .........
"Once oral arguments (if any) are complete, the Federal Circuit is rather quick at issuing an opinion. The median decision was issued 47 days after the oral arguments. (Again, a skewed average of 86 days is driven by the handful of en banc decisions) 30% of the decisions came within one week of oral arguments - most of those took one to two days."
Source: Patently-O: Patent Law Blog
June 2, 2009
Direct link: http://www.intelproplaw.com/ip_forum/index.php?PHPSESSID=4aecrf007f625fhggck3bbjsk4&topic=12462.msg57919#msg57919
I am not sure if IDCC's case is an "ex parte patent appeal" but if these stats relate to the general class of case that IDCC is involved in a decision could certainly come quickly.
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