December 17, 2004 12:35 PM
Observations from the Revised Data
A few thoughts about the results from the revised data:
- Since the Phillips en banc order was issued on July 21, 2004, the court has decided 87% of claim construction cases using the procedural methodology. Compare this to the overall 65% procedural average. Note that the 'n' here is just 23 opinions, so it may well be an anomaly. Nonetheless, it will be interesting to see whether this is a harbinger of the resolution of the issues in Phillips.
- Thus far in 2004, the court has issued 85 claim construction opinions, with 75% of them being procedural in nature.
- Note that almost 30% of the claim construction cases at the Federal Circuit in 2004 have contained an “alternative” opinion - a concurrence or dissent.
As always, more to come. We encourage folks to use the search tool to develop their own insights.
Watch this space.