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Patent Law

: Patently Obvious

Appellate Decisionmaking: Unanimity or Dissent

By Dennis Crouch, Esq.

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The graph above is based on a review of almost 400 CAFC patent decisions that include a dissent. To calculate the percent of patent decisions that include a dissent, I pulled each decision associated with each judge and then added up the number of decisions that involved a dissent (regardless of whether the judge in question dissented). I am confident in these results, but a little more work is needed to handle the en banc decisions (which are more likely to involve a dissent). My RA Ryan Starnes helped in compiling the data.

Full post as published by Patently Obvious on September 09, 2008 (boomark / email).

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