Imagine them bringing up Patrella. LOL I was a little surprised they didn't raise it sooner. I was at a golf tournament by Dallas yesterday so I missed out on the fun and didn't see this until this morning just now.
As Aukerman is an en banc opinion, to overrule it due to the Supreme's ruling in Patrella, the panel very well may utilize what is known the "Mini-En Banc Procedure." Before the opinion is published, they would simply circulate the opinion to ALL of the active judges of the CAFC, which may, or may not, be noted in the opinion when it is released. IMO, I think they very well may use this procedure in this case to overrule Aukerman due to the Supreme Court decision in Patrella. In fact, I almost think they must do so to overrule Aukerman, an en banc precedent opinion. Just my opinion, and I could certainly be wrong, but it's what I'm leaning towards. Only time will tell, and the court, of course, first has to decide to overrule the laches ruling before it would ever go that route.
I'll make another wild guess. IF the panel simply lets the laches ruling stand for whatever reason and does not circulate that opinion mini-en banc, and they probably wouldn't circulate it IF they were to so hold, then I think we should expect VRNG to request an en banc review. In fact, I'd wager on it IF that is the way it goes down. I also have a feeling an en banc review, in this circumstance, would be granted. Again, just my wild ass opinion, but that's what it is. LOL
JJ
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