I was looking at all the Rule 36 decisions issued today and wondering how many new federal judgeships it would take to cure the Federal Circuit’s Rule 36 predicament. \u00a0I suppose that if quite a few judgeships need to be created to keep up with the current load that Congress might start taking a hard look at the size of a new court. \u00a0If Congress takes a hard look at the size of a new court, Congress might start to think let’s split the new court into two — a pure patent court and a generalist court. \u00a0If Congress created a pure patent court and a generalist court, some of the current judges of the Federal Circuit would probably be assigned to the generalist court and others with a technical background to the patent court. \u00a0Perhaps that’s why we never hear the Federal Circuit judges speak about their Rule 36 predicament or needing new judges assigned to the court. \u00a0Or, perhaps not. \u00a0I can’t recall ever hearing about one of the Federal Circuit judges speaking at a conference and lamenting about how many Rule 36 judgments they are forced to issue. \u00a0Surely it must bother their judicial consciences.<\/p>\n","protected":false},"excerpt":{"rendered":"
I was looking at all the Rule 36 decisions issued today and wondering how many new federal judgeships it would take to cure the Federal Circuit’s Rule 36 predicament. \u00a0I suppose that if quite a few judgeships need to be created to keep up with the current load that Congress might start taking a hard […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/10281"}],"collection":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10281"}],"version-history":[{"count":3,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/10281\/revisions"}],"predecessor-version":[{"id":10284,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/10281\/revisions\/10284"}],"wp:attachment":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10281"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10281"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}