$SFOR FYI: Clerk may never divulge such information & if he did, it will be his opinion. If there is a mediation ( Not saying it is the case here ) or if we have "on the brief" in line ( Not saying it this is the case here ), clerk of the court will not know until it is out & docketed. In reality, no one knows what is going on , it is all speculation from all of us.
Having said that, up until the oral is scheduled there is always an option for settlement, provided both parties agree & inform the panel. Panel can offer mediation personnel if required at any given stage of the process. ( From a Patent Attorney )
If we see "on the briefs" is docketed , it means that there will be no hearing / oral argument. The Court will issue it's ruling based only on the written briefs submitted by the parties.That usually means the decision will be issued faster, and that the court does not think it is a tough case.
Court of Appeals always has an option to decide a case based on the written briefs, without oral argument, if the Court believes that sufficient information is contained in the briefs and that oral argument is not likely to assist in making a decision. It usually means that the Court has given the case a preliminary review and already knows what the ruling will be.
It is very important to note that as a practical matter, oral argument usually doesn't have much influence on the outcome except in cases where unusual legal issues or significant public policy concerns are raised. The belief that patent cases are not settled based on written brief and must go through Oral argument is just not true.
Also, FYI: The appellate courts will help settle your appeal. Not only is settlement a viable option on appeal,but the appellate courts also will help to settle cases,often at no charge.
For example,the 9th Circuit Court of Appeals has a mediation office staffed by full-time professionals who are attorneys well-versed in negotiation, mediation,and settlement.Their job is to settle appeals,and they do so successfully,with more than half the cases accepted into the program resolved without further appellate proceedings—and at no charge to the parties.
Also, the Second District Court of Appeal has a Settlement and Mediation Program by which trained and experienced practitioners offer a minimum of six hours of free time to help reach a settlement.Most other court of appeal districts have similar programs.
Apart from court-based programs,parties may benefit from hiring retired appellate judges to serve as mediators.
There are several viable options, but none of know what is going on. We have to just wait it out.
Some tidbits @ http://jmp.sh/oEuw9hd Apple Case that is won by R&G & Andrie Iancu was an outside Intervenor .
Have a good day everyone & a good weekend.
Having said that, up until the oral is scheduled there is always an option for settlement, provided both parties agree & inform the panel. Panel can offer mediation personnel if required at any given stage of the process. ( From a Patent Attorney )
If we see "on the briefs" is docketed , it means that there will be no hearing / oral argument. The Court will issue it's ruling based only on the written briefs submitted by the parties.That usually means the decision will be issued faster, and that the court does not think it is a tough case.
Court of Appeals always has an option to decide a case based on the written briefs, without oral argument, if the Court believes that sufficient information is contained in the briefs and that oral argument is not likely to assist in making a decision. It usually means that the Court has given the case a preliminary review and already knows what the ruling will be.
It is very important to note that as a practical matter, oral argument usually doesn't have much influence on the outcome except in cases where unusual legal issues or significant public policy concerns are raised. The belief that patent cases are not settled based on written brief and must go through Oral argument is just not true.
Also, FYI: The appellate courts will help settle your appeal. Not only is settlement a viable option on appeal,but the appellate courts also will help to settle cases,often at no charge.
For example,the 9th Circuit Court of Appeals has a mediation office staffed by full-time professionals who are attorneys well-versed in negotiation, mediation,and settlement.Their job is to settle appeals,and they do so successfully,with more than half the cases accepted into the program resolved without further appellate proceedings—and at no charge to the parties.
Also, the Second District Court of Appeal has a Settlement and Mediation Program by which trained and experienced practitioners offer a minimum of six hours of free time to help reach a settlement.Most other court of appeal districts have similar programs.
Apart from court-based programs,parties may benefit from hiring retired appellate judges to serve as mediators.
There are several viable options, but none of know what is going on. We have to just wait it out.
Some tidbits @ http://jmp.sh/oEuw9hd Apple Case that is won by R&G & Andrie Iancu was an outside Intervenor .
Have a good day everyone & a good weekend.
12
