Biotech Values

[stockbettor]

<<Is this a reasonably quick process? The 3 Judges just present the case to the full circuit and they all vote? Or is another hearing? >>

I just looked at the procedural histories of the McKesson and Akamai cases you referred to, plus a 3d en banc case discussed in your Morgan Lewis link (Gilbert Hyatt), and agree that the process can be very drawn out. In fact, the Fed. Cir. took 4 months to grant rehearing en banc in Akamai and 6 months in the Hyatt case after the respective decision dates of each case. McKesson received a rapid grant -- 1-1/2 months after the decision -- but that occurred shortly after the en banc rehearing was ordered in Akamai. As you note, the identical issue is preent in both cases.

It's troubling to me that several months may elapse before the Fed. Cir. may act on the en banc request. There is an indication in the McKesson order granting en banc review that a party may be able to request accelerated review, but it was for the purpose of having the case considered jointly en banc with Akamai. Given that the MNTA district court trial is set for January, MNTA should have grounds for making such a request. However, I have little familiarity with Fed. Cir. practices and whether accelerated review is a realistic possibility if good reason exists.