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 Newman, “the nation’s oldest active federal judge, asked the D.C. Circuit to end a suspension imposed by her colleagues that prevents her from hearing cases at the Federal Circuit”;
- remarks by retired Federal Circuit Chief Judge Paul Michel on Judge Newman’s case at the D.C. Circuit;
- an article highlighting how Illinois Senator Dick Durbin and the Electronic Frontier Foundation have taken opposite sides on the PREVAIL Act; and
- an opinion piece by retired Federal Circuit Chief Judge Paul Michel suggesting “lawmakers should do everything they can to pass” the PREVAIL Act “promptly.”
Michael Shapiro filed an article with Bloomberg Law discussing how “Pauline Newman, the nation’s oldest active federal judge, asked the D.C. Circuit to end a suspension imposed by her colleagues that prevents her from hearing cases at the Federal Circuit.” Shapiro highlights how Judge Newman’s opening brief before the D.C. Circuit “focused on the Disability Act, specifically its suspension provision.”
Retired Federal Circuit Chief Judge Paul Michel published remarks on IPWatchdog expressing his view on Judge Newman’s case, and in particular that “[n]either” the “right to be heard by an impartial adjudicator on the charges brought against you” nor “the right to present witnesses and evidence in your defense and to cross-examine the witnesses against you . . . . has been afforded to Judge Pauline Newman.”
Catrina Barker authored a short article picked up by MSN highlighting how Illinois Senator Dick Durbin “is touting his role in the advancement of the Promoting and Respecting Economically Vital American Innovation Leadership, or PREVAIL Act,” while at the same time the Electronic Frontier Foundation “is calling on the nation’s elected officials to stand against bad actors, not with them.”
Retired Federal Circuit Chief Judge Paul Michel also published an opinion piece in the Charleston Gazette-Mail suggesting “lawmakers should do everything they can to pass” the PREVAIL Act “promptly.” He argues the legislation “seeks to reform the Patent Trial and Appeal Board” because “certain large companies have weaponized [it] against innovative small businesses.” According to Michel, the legislation will “help small businesses protect their patents from predatory, giant corporations.”