Fed. Circ. Issuing More 'Hidden Decisions' Amid Case Influx

Law360, New York (March 1, 2017, 12:06 PM EST) -- The number of patent cases where the Federal Circuit affirmed a ruling without issuing an opinion continued to climb in 2016, adding fuel to the debate over whether these "hidden decisions" are a growing problem or a natural and necessary way for the court to deal with a surge of cases.

According to statistics compiled by Law360, the rate at which Federal Circuit panels affirmed patent decisions from the Patent Trial and Appeal Board or a district court without explaining their reasoning appears to have stabilized after a recent upswing. The rate was 43 percent last year, almost identical to what...

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