Msg. 42023 of 48237 (This msg. is a reply to
42022 by
DCLARKE)
Jump:
not a far fetched thought by any means. Why remand something back to the ITC to a judge that was potentially going to retire....let him retire and then remand so it is assigned to another judge immediately, rather than it having to be re-assigned. This is the most straight forward speculation...there may be other reasons with the CAFC decision and Luckern retirement. We will never know the inside (if there is one to be known).
Could the CAFC be holding the decision until Luckern retired? If the court new he was retiring in short order, I would not want to release a reversal prior to any announcement. It seems that he was highly regarded and releasing a reversal in a major case just prior to his retirement would not be fair. The timing might start speculation about his retirement that could be avoided by waiting a few weeks. Anyway, it doesnt really matter, but I am thinking we get the decision in the next few days.
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