FedCircuitBlog

Today, Judge Christopher R. Cooper of the U.S. District Court for the District of Columbia issued a memorandum opinion and order in Judge Newman’s lawsuit, which asserts facial and as-applied constitutional challenges to the Judicial Conduct and Disability Act and the statutory provision creating circuit judicial councils. The opinion and order denies Judge Newman’s motion for a preliminary injunction that would have “prohibit[ed] Defendants from continuing her suspension from new case assignments and from proceeding with any further disciplinary proceedings until the matter is transferred to the judicial council of another circuit.” The opinion and order also grants the defendants’ motion to dismiss all but three of Judge Newman’s claims based on lack of jurisdiction and failure to state a claim. Here is the introduction to the opinion and order.

Late yesterday, the Federal Circuit announced the public release of additional prior orders and letters in the ongoing investigation into Judge Newman’s fitness to serve as a judge. Notably, the orders continue to prohibit Judge Newman from being assigned to new panels of cases, and one order indicates the Committee conducting the investigation “will focus on the question whether Judge Newman’s refusal to cooperate with the Committee’s investigation constitutes misconduct.” To that end, the Committee also set a deadline of July 5 for Judge Newman to submit “a brief limited to addressing the question whether Judge Newman’s refusal to undergo examinations, to provide medical records, and to sit for an interview with the Committee as described in the May 16 Order constitute misconduct and the appropriate remedy if the Committee were to make a finding of misconduct.” The Committee also indicated it will hear oral argument on the matter on July 13 in a closed-door hearing. Here is the full text of the announcement, with links to the orders.

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

• an article and a blog post commenting on the recent Supreme Court ruling in Amgen v. Sanofi; and
• two articles providing updates on the ongoing proceedings concerning Judge Newman’s competency to serve as a judge on the Federal Circuit.

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

• an article about the elevated tension within the Federal Circuit due to the ongoing lawsuit by Judge Newman;
• an article about how Judge Newman’s lawsuit is entering uncharted territory;
• an article providing a broad recap of ongoing problems the Federal Circuit and other entities face with patent eligibility and legislation seeking to solve these problems; and
• an article about the Supreme Court’s rejection of a challenge to a Federal Circuit holding that allegedly creates confusion for generic drugmakers.

This morning, the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a patent case, a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, and a nonprecedential opinion in a veterans case. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Here is a report on recent news and commentary related to the Federal Circuit and its cases, including two articles related to patent eligibility and another related to the Federal Circuit’s use of summary affirmances.