Federal Circuit Judge Kathleen O’Malley

The White House today announced that Judge Kathleen (Kate) O’Malley (N.D.Ohio) is the nominee to fill the empty judgeship position on the twelve-member Court of Appeals for the Federal Circuit. The position was previously filled by Judge Schall. Chief Judge Michel has announced that he will retire this Spring. The Senate is expected to confirm Judge O’Malley without significant opposition.

Judge O’Malley wrote an interesting dissent while sitting by designation in Ormco Corp. v. Align Technology. In the dissent, Judge O’Malley argued that the majority had unreasonably applied the doctrine of prosecution disclaimer – writing that “prosecution disclaimer requires a patentee to clearly and unmistakably disavow certain interpretations, and I find no such disavowal here.”

The following is the Whitehouse press release:

FROM: The White House, Office of the Press Secretary, For Immediate Release March 10, 2010 President Obama Nominates Raymond Lohier, Jr. for the United States Court of Appeals for the Second Circuit, Judge Kate O’Malley for the United States Court of Appeals for the Federal Circuit

WASHINGTON, DC – Today (March 10, 2010), President Obama nominated … Judge Kate O’Malley to the United States Court of Appeals for the Federal Circuit. … O’Malley currently serves as a U.S. District Judge for the Northern District of Ohio. “Raymond Lohier and Kate O’Malley will both bring an unwavering commitment to fairness and judicial integrity to the federal bench,” President Obama said. “Their impressive legal careers are a testament to the kind of thoughtful and diligent judges they will be on the Second and Federal Circuits. I am honored to nominate them both today.” …

Judge Kate O’Malley: Nominee for the United States Court of Appeals for the Federal Circuit Judge Kathleen McDonald O’Malley has served as a U.S. District Judge for the Northern District of Ohio since 1994. Judge O’Malley also regularly teaches patent litigation at Case Western Reserve University School of Law as Distinguished Visiting Jurist. Prior to her appointment to the District Court, Judge O’Malley was First Assistant Attorney General and Chief of Staff to then-Ohio Attorney General Lee Fisher. In that role, she supervised all litigation for the State of Ohio and counseled senior government officers on legal questions. Until 1991, she was in private practice in Cleveland at Porter, Wright, Morris & Arthur LLP and at Jones Day. After law school, she clerked for the Honorable Nathaniel R. Jones on the U.S. Court of Appeals for the Sixth Circuit. On the District Court, Judge O’Malley has handled numerous intellectual property cases, including while sitting by designation with the U.S. Court of Appeals for the Federal Circuit. The United States Judicial Panel on Multidistrict Litigation has called on Judge O’Malley to preside over several complex nationwide matters. Judge O’Malley graduated from Kenyon College in 1979 (Phi Beta Kappa) and Case Western Reserve University School of Law in 1982 (Order of the Coif).

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18 thoughts on “Federal Circuit Judge Kathleen O’Malley

  1. 18

    Concerned, as with online legal research, the more &s you string together in a judicial search, the fewer hits you get. The glaring need of the court right now is for district judges with substantial patent trial experience. That right there narrows the pool quite a bit.

    And remember, under current law (28 USC 44), CAFC judges must live within 50 miles of DC. Combine that (i.e., live in DC area or be willing to relocate) with “& district court judge with substantial patent trial experience” and you probably don’t have many hits. Add in your scientific background limitation and hits might equal zero.

  2. 17

    Is no one concerned with O’Malley’s lack of a scientific background? Wouldn’t it be nice to have a judge who at least had a major where physics, biology, and chemistry weren’t optional. While econ can be math intensive, I would want a judge to whom the basic sciences were second nature. What is next, a judge without a JD?

  3. 15

    All he does is sit in the basement and type.

    This is called “projecting”, Martin. You really do miss NAL, don’t you? She’ll be back in a week or so and, I am quite certain, will start up right where she left off. In the meantime, you can clean the cheetoh stains off your keyboard.

  4. 14

    Please keep in mind, I did not say Judge O’Malley is a bad choice, its just that Malcolm really wouldn’t know. All he does is sit in the basement and type. Although, sometimes it sounds like he’s walking around in high heels.

  5. 12

    What a great choice. I externed at Judge O’Malley’s chambers when I was a law student and she is a very fine and capable Judge with great interest in patent law.

  6. 11

    Silly Baboon, I am not Martin. Moreover, you have admitted to using sockpuppets. Where is NAL when I need her to smack you back into your cage.

  7. 10

    MM: I don’t have hundreds of sockpuppets like you that cheer me on.

    The problem, Martin, is that you keep promulgating l.i.e.s. like this one.

  8. 8

    MM: I don’t have hundreds of sockpuppets like you that cheer me on. “Mooney’s Mom” is not me.

    Can you imagine if Bush were still president. He probably would have appointed Dudas. Or some media bozo like Lemley. Oh wait he did appoint one of those in Moore.

  9. 7

    what’s up with this? obama is a massive failure at everything EXCEPT appointing qualified people to positions that affect patent law. LOL.

    well, he did throw a bone to art rai, but he put her in a pretty useless and harmless position.

  10. 4

    Judge O’Malley rejected all of my arguments in Biomedical Patent Management Corp. v. California Dep’t of Health Services. link to patentlyo.com She is therefore unqualified to serve on the Federal Circuit bench.

    But seriously, she is a very smart judge and the court badly needs district judges with patent trial experience. An excellent choice, Mr. President.

  11. 3

    I’m rather shocked I was not nominated. I guess they haven’t seen my record. Good luck tending to these cryin’ chillin’s O’Malley.

  12. 1

    Is this the first time ever for an experienced trial court judge to be finally be appointed to the CAFC? Some other D.C. judges will be pleased to hear it.

    Re said “interesting dissent,” isn’t that what the entire CAFC said en banc in the Philips case?

    This and Dave Kappo’s appointment seems to be an improved trend of unusually well patent law and experience qualified personel by this administration.

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