Your asking the wrong question. In an early post I discussed the process of how the case load is distributed among the CAFC Judges. I highlighted the Judges with the most patent experience (working for the USPTO directly) and some of those who have not. I've noticed a trend lately how Chief Justice Prost assigns the incoming case load. CAFC explicitly resolves cases that fall into international trade, government contracts, patents, trademarks, certain money claims against the United States government, federal personnel, veterans' benefits, and public safety officers' benefits claims. What I find odd is a trend by Chief Justice Sharon Prost to issue certain cases to Judges Mayer and Wallach dealing with patents. These Judges have literally "changed the established rules" to find obviousness to disqualify when it comes to Patent Assertion Entities. In almost all cases the dissenting opinion in these matters have been a Judge with Patent Office experience. For all intensive purposes the Chief Justice has a "Judicial IP Disqualification Hit Squad" and Wallach and Mayer, 2 Judges with zero USPTO experience, are the red team. I know I'm not the first to notice this but I will be the first to expose this in a future write-up.
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