NukeJohn: re: Time Frame for the CAFC Ruling. I know you are of the belief that there will be a quick decision; however, I believe the examples you cited present a distorted, unrealistic picture. The cases you cited cover the various courts whose decisions can be appealed to the CAFC. These courts handle all kinds of cases. Among the decisions you listed are cases covering tax refunds, veterans affairs, civil service personnel actions, etc. These cases are usually a single issue case that can be readily decided. Only District Courts and the ITC handle patent infringement cases. Of all the cases you listed only two 2009-1538 (60 days) and 2010-1028 (49 days) were District Court patent infringement cases.
I did my own review of District Court and ITC related cases where the CAFC issued decisions since Jan 1. The following was the time from oral argument to decision;
District Court
2010-1035 119 days
2010-1117 123 days
2010-1025 79 days
2010-1110 77 days
2010-1057 118 days
ITC
There were no decisions issued this year on ITC cases. The last ITC case decion was issued on 12/21/2010 (2009-1460), 196 days after oral argument.
In regard to precedential vs non-precedential decisions, Of 13 decisions related to ITC cases over the past year, 10 were precedential and only 3 non-precedential.
As I have repeatedly posted you have to look behind statistics to evaluate their reasonableness.
You believe that there will be a fast non-precedential decision. I believe it will be a precedential decision issued after a minimum of 2-3 months and possibly longer. JMHO
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