Next week is Court week. Readers may remember that, after
the Court released the September calendar, we
predicted that the submission trend would continue. Were
we right? Sort of.
Cases were submitted (including one of our cases, as
appellee). But far fewer cases were submitted for next
week's arguments than any of the Court's previous
telephonic sittings. All told, the Court cancelled oral
argument in just eight cases out of the thirty-six originally
scheduled for argument. Both the number of cases and the
cancellation percentage (22%) were lower than any previous month
since the Federal Circuit went "remote."
Once again, PTAB cases were the relative losers for
argument—three of the nine PTAB cases (33%) had arguments
cancelled, compared to two of the seventeen district court cases
(12%). But that 33% PTAB cancellation statistic is still much
lower than the 77% figure in
July and the 55% figure in
August.
