Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- a blog post by former Federal Circuit Chief Judge Paul Michel discussing the ongoing dispute regarding Judge Newman’s fitness to serve as a judge;
- an article providing an update on the dispute, in particular highlighting how a district court recently ordered mediation; and
- an article noting how Sullivan & Cromwell recently hired both Andrei Iancu, the former head of the Patent and Trademark Office, and former Federal Circuit Judge Kathleen O’Malley.
Retired Federal Circuit Chief Judge Paul Michel wrote a blog post for IPWatchdog discussing the ongoing dispute regarding Judge Newman’s fitness to serve as a judge. He remarks how his concern is “three-fold: First, the integrity of the court; second, the interests of parties seeking justice at the Federal Circuit; and third, procedural fairness and balance to Judge Newman, as well as the other Federal Circuit judges.” He expresses concern over how the “fight is now very public, already an embarrassment to the court and, potentially, later to the entire federal judiciary.”
Michael Shapiro authored an article for Bloomberg Law providing an update on the court’s dispute with Judge Newman. He notes how a “D.C. federal judge ordered 96-year-old Judge Pauline Newman and her colleagues on the Federal Circuit to mediate [their] contentious dispute.” He highlights how “[m]ediation would begin a new chapter in an unusually public employment clash within the judiciary, which has sparked renewed debate over lifetime appointments.”
Blake Brittain authored an article for Reuters noting how Sullivan & Cromwell hired both Andrei Iancu, the former head of the USPTO, and former Federal Circuit Judge Kathleen O’Malley. Brittain states how “Iancu was known for policies at the USPTO that generally favored patent owners, and reformed the office’s Patent Trial and Appeal Board in ways that reduced the number of patents it invalidated.” He also highlights how O’Malley remarked “she was eager to join her new firm and for ‘the opportunities S&C will provide to expand [her] alternative dispute resolution, corporate crisis and white-collar practices.’”