I think that the high rate of reversal at the Federal Circuit creates some special implications for patent law. Rather than going for the more extreme position on a contested issue, it may make sense for you as a litigator to propose a more reasonable approach that you think both the district and appellate courts may accept. This is especially true in areas with high reversal rates, such as claim construction. A converse of this theory may also be true — in areas that are rarely appealed, such as discovery, a more extreme position may be more beneficial to your cause.
An analysis of these issues could make an excellent law review note topic. You could, for instance, go into game theory as well as some of the current legal practices. An author who is creative with analogies will find that many of the issues have already been examined by Becker and followers. One beneficial aspect of this topic is that, although the focus is purportedly patent law, it really crosses into any field of litigation.
A couple of other ideas that I already gave out relate to a) the recent Honeywell v. Hamilton Sundstrand case that may be taken up by the Supreme Court and b) an analysis of when academic presentations do/should constitute 102(b) anticipation as printed publications based on this recent case. In part b, perhaps you would focus on the case of a power point presentation at a two day conference.
Let me know what you find.