Replies to post #62649 on Biotech Values

[DewDiligence]

Legal question: If a defendant is going to request a rehearing of a panel decision, why would the defendant not want to request both a panel rehearing and an en banc rehearing? T.i.a. Dew

p.s. Thanks, North, for the chart.

[zipjet]

Thanks North,

That is a great graphic. The dissent sure looked to me like a pitch for En Banc review.

But if I have it right they would have to get half the judges of the Circuit to vote to accept it for En Banc review and the graphic shows just how high a hurdle that is.

ij

[DewDiligence]

Rehearings by US Court of Appeals
for the Federal Circuit FY1998-2007



LEGEND

Petitions filed:
Tan = Panel petition filed
Gold = En banc petition filed
Hatched = Combined petition filed (req. panel and en banc rehearing)

Petitions granted:
Navy blue = Panel rehearing (subset of tan+gold+hatched)
Red = En banc rehearing (subset of gold+hatched)