Msg. 42024 of 48237 (This msg. is a reply to
42022 by
DCLARKE)
Jump:
His retirement was not planned. It was sudden. In fact, if the CAFC knew he was retiring, they would have reversed quickly in order for him to review his notes and prepare a new initial final determination. A newly assigned judge will have a lot on his/her plate wading through the record. The staff attorney is no longer with the ITC. I hope they do not give Nok another evidentiary hearing causing further delay due to both the judge and staff attorney absences.
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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