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I might be interesting to overlay patent issuance trends (# of patents issued for each corresponding week) and litigation trends (# of patent cases filed each week). It might also be fun to calculate the R squared for words vs. # of patents and words vs. # of patent cases.
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Dennis - Do you think the holding here squares with the court's jurisdictional holding in the Myriad gene patent case?
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Great post. Thanks for keeping us updated, Dennis. Have you (or someone else) looked at how the evolving composition of the Federal Circuit might impact issues such as subject matter eligibility, damages, claim construction, etc.? Do you think it's possible to do so given what we know today about the newest members of the court? Jorge M. Torres
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Thanks for the write-up, Jason. I would just add that patent litigators often fear a malpractice suit more than they fear the type of sanction that might flow from filing an improper cross appeal. In a close case, or one that appears close, they're going to file the cross appeal and take their chances with the court.
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Jan 4, 2011