News

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing how “Judge Pauline Newman on Wednesday lost a bid to persuade the federal court system’s governing body to review her suspension from the U.S. Court of Appeals for the Federal Circuit”;
  • a similar article about how “Judge Pauline Newman . . . faces a difficult path to getting reinstated without complying with an investigation into her mental fitness”; and
  • an article highlighting how the Federal Circuit “met to consider a design patent appeal en banc for the first time in more than 15 years.”

Blake Brittain wrote an article for Reuters discussing how “Judge Pauline Newman on Wednesday lost a bid to persuade the federal court system’s governing body to review her suspension from the U.S. Court of Appeals for the Federal Circuit.” Brittain notes how this update comes “amid an unusually public internal investigation into the 96-year-old jurist’s fitness to serve.” For more information, check out our coverage of this news on Wednesday.

Ryan Davis authored a similar article for Law360 about how “Judge Pauline Newman . . . faces a difficult path to getting reinstated without complying with an investigation into her mental fitness.” According to Davis, experts say “there is no right to further review of Wednesday’s decision, and it could be a tall order to persuade another court to either invalidate a federal law or effectively overrule both the Federal Circuit and the conduct committee by reinstating Judge Newman.”

Michael Shapiro wrote an article for Bloomberg Law highlighting how the Federal Circuit “met to consider a design patent appeal en banc for the first time in more than 15 years.” The case is LKQ Corporation v. GM Global Technology Operations LLC. Shapiro states the judges “on the Federal Circuit expressed skepticism over a test that’s been used for 40 years to determine when a patent on an ornamental design is obvious and thus shouldn’t be granted.”