Dennis Crouch, writing on Patently-O, has been tracking Federal Circuit oral arguments and training an AI model to predict appeal outcomes from the transcripts. In a recent post, he applies that model to five arguments from the October session, offering a probability-based read on each case.
One of the five, In re Burandt, has already been decided: a week after argument, the court affirmed in a Rule 36 judgment without opinion. For the remaining cases, Crouch predicts Samsung Display has about a 70% chance of winning a remand in its ITC domestic-industry dispute, while Taylor Made v. Costco—over which court hears an arbitration appeal—is called the hardest of the bunch.
He also expects CEMCO v. KPSI to be affirmed by a divided panel on assignor estoppel, and sees Wuhan China Star v. Samsung Display, which raises APA arguments in PTAB appeals, as the clearest affirmance among the undecided cases. The post is partially paywalled, with full analysis available to Patently-O members.