A common complaint among patent practitioners is that the Court of Appeals for the Federal Circuit does not provide the predictability needed in patent law. The author suggests that a better question is whether the Federal Circuit provides more predictability than the alternative, the regional circuits. The choice is clear, the Federal Circuit provides greatly enhanced predictability compared to the regional circuits and patent practitioners should be thankful for what they have, and do not have.
Charles Shifley, Flawed or Flawless: Twenty Years of the Federal Circuit Court of Appeals, 2 J. Marshall Rev. Intell. Prop. L. 178 (2003)