During the oral argument in Octane Fitness, Justice Alito asked an interesting question about the frequency at which district court judges hear patent cases. In response to a comment from Mr. Telscher that “I do think district court judges see a lot of patent litigation,” Justice Alito asked:
Is that really true? There’s nearly 700 district judges in the country. If we had a statistic about the average number of patent cases that a district judge hears and receives on, let’s say, a 5 year...
Monday’s oral argument for the class arbitration dispute in Oxford Health Plans v. Florida before the US Supreme Court contained some expected points and some unexpected points. As expected, the argument revolved around the question of the extent to which the Court should defer to the decision of the arbitrator, who interpreted the arbitration clause to authorized class arbitration, or instead to treat the matter as a question of law under the Federal Arbitration Act, with a strong presumption...
