Senate Confirms Evan Wallach as Next Federal Circuit Judge

In a unanimous vote, the Senate has confirmed President Obama’s nomination of Judge Evan Wallach as Circuit Judge on the Court of Appeals for the Federal Circuit. In the mid-1990’s Wallach was appointed by President Clinton as an Article III judge on the U.S. Court of International Trade (CIT) – handling disputes regarding import transactions and federal statutes affecting international trade. Although the court has limited subject matter jurisdiction, the CIT otherwise has general legal and equitable powers. Judge Wallach is already familiar with Federal Circuit judges and Federal Circuit practice because CIT decisions are appealed to the Federal Circuit. In addition to his work in international trade, Judge Wallach is recognized as a leading expert on the international law of war. During a decade of private practice, Wallach represented business and media interests at the Las Vegas firm of Lionel Sawyer. He is a Vietnam War veteran (army) and later served as a Judge Advocate General. In the 1980’s Wallach also served as counsel for Senator Harry Reid. He holds degrees from Arizona (Journalism), Berkeley (JD), and Cambridge (LLB).

While Judge Wallach does not have extensive experience handling patent law issues. He did preside over a two-week patent infringement jury trial in Nevada. Mikohn Gaming Corp. v. Acres Gaming Inc., No. CV-S-97-1383 (D. Nev. Aug. 2, 2001).  In that case, the jury found the patent infringed and awarded $1.5 million in damages.

In his responses to questions from the Senate, Judge Wallach indicated his view that the “most important attribute of a judge” is: “Commitment to fundamental rule of law principles, including predictability, uniformity, transparency, neutrality and stare decisis.”

16 thoughts on “Senate Confirms Evan Wallach as Next Federal Circuit Judge

  1. 11

    Yeah, sure.  

    Explain State Street Bank, Wow.  That was a Rich special delivery.  Was that a conservative case?  Or, was that a radical departure?

  2. 10

    We all adhere to the patent law as laid down by the Supreme Court

    BS – pure and simple.

  3. 9

    here, I would describe their and my postions as conservative. We all adhere to the patent law as laid down by the Supreme Court, and not by the radical, agenda mongers of the extremist Federal Circuit.

    State Street Bank was radical.

  4. 8

    As the Dutra and Osenga posts note, DuMont’s nomination is now 18 months old… anyone know what’s going on?

  5. 7

    Ah, but you must be misunderestimating the nefariousness (nefariosity?) of these central anti-patent agitators. It can’t be for nothing that Shilling and his/her legions of imitators have devoted their lives to countering the propaganda of MM, IANAE, and their latest convert, Ned, at every time.

  6. 6

    How will he be able to withstand the anti-patent agenda of MM, IANAE, and their minions? He’s a Federal Circuit judge, not moderator of the Patently-O comments… that’s like asking how the next President will be able to withstand Garfield’s aversion to Mondays.

  7. 2

    He’s a vet and an astute man, I am sure that he can handle the foes of the US, both foreign and domestic.

  8. 1

    But, but… he’s not a patent prosecutor! How will he be able to withstand the anti-patent agenda of MM, IANAE, and their minions?

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