The Eastern District of Virginia’s legendary patent “rocket docket” has been a source of amazement for the past generation as a model of speed and efficiency.  Messrs’ Quinn and Brachman say that “the question presented is this: If the Eastern District of Virginia can dispatch patent cases in less time than the PTAB, why should we suffer the indignity of the lack of due process and constitutional infirmity of an Article II tribunal striping vested property rights without much, if any, real oversight by an independent judiciary?”[FNa]

The predicate question:  How fast could the Eastern District dispose of patent cases if it had a volume of patent cases comparable to the PTAB?


[FNa] Gene Quinn & Steve Brachmann, Time to patent invalidity decisions on Rocket Docket calls value of PTAB into question,, February 21, 2017.