The ptab, a specialized board, has patent review covered and the CAFC receives appeals of ptab decisions so they have it bracketed anyway. The district court is the odd man out.
It is interesting that they created the Federal Circuit to have specialized decision-making in these types of cases on the Appellate level, but they have the lame-brained chaos exemplified by Judge Du on the District Court level.
That is a very good point that I didn't think of before. We all believe that Du made mistakes and now those will be examined not just by random inexperienced judges, who may or may not know the law / familiarized with the technicality, but by judges who are used to seeing this highly technical material. The total opposite of Du.
Take away any preconceived biases, if the facts are on your side, you clearly want experienced judges hearing your case (us now).
Likewise, if your case is a hail mary, you clearly want someone like Du presiding over it (generics few months ago).
They could get away with crap with Du. Won't fly with experienced judges. Good luck with that.
Huge distinction. Thanks for pointing out. Advantage, Amarin.