"The first reason is based on the fact that the reversal rate of claim construction rulings has been estimated to be unusually high, between 35-40%.

28 Proponents of creation of a right to interlocutory appeal and mandatory stay believe that their proposal would address the high claim construction reversal rate by reaching the appellate determination earlier in the process.29

As explained in the previous section, any certainty achieved by such an interlocutory appellate determination may well be illusory, and the interlocutory appeal may well delay reaching final judgment in the district court. More importantly, however, creation of a right to interlocutory appeal and mandatory stay would not address the high reversal rate, but would instead merely accept it as inevitable.

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