Welcome Judge Chen!

This morning the Senate unanimously confirmed Raymond T. Chen for a seat on the United States Court of Appeals for the Federal Circuit.  Soon-to-be Judge Chen comes to court with extensive experience in patent law including both private practice and governmental service (most recently as the Deputy General Counsel for Intellectual Property Law and Solicitor for the United States Patent and Trademark Office). 

Congratulations Judge Chen!

A brief bio from a February 2013 White House press release:

Raymond T. Chen currently serves as the Deputy General Counsel for Intellectual Property Law and Solicitor for the United States Patent and Trademark Office (USPTO), a position he has held since 2008.

Chen received his B.S. in electrical engineering in 1990 from the University of California, Los Angeles, and his J.D. in 1994 from the New York University School of Law.  After graduating from law school, he joined Knobbe, Martens, Olson & Bear, a boutique intellectual property law firm in Irvine, California, where he prosecuted patents and represented clients in intellectual property litigation.  From 1996 to 1998, Chen served as a Technical Assistant at the United States Court of Appeals for the Federal Circuit, performing the functions of a staff attorney.  At the end of his two-year term, he joined the USPTO as Associate Solicitor and remained in that role until his promotion to Solicitor in 2008.   Since joining the USPTO, Chen has represented the agency in numerous appeals before the Federal Circuit and personally argued over 20 cases, issued guidance to patent examiners to ensure consistency with developing law, advised the agency on legal and policy issues, and helped promulgate regulations.  He has co-chaired the Patent and Trademark Office Committee of the Federal Circuit Bar Association and is a member of the Advisory Council for the United States Court of Appeals for the Federal Circuit.



46 thoughts on “Welcome Judge Chen!

  1. 46

    Congratulations Judge Chen on your appointment. May I respectively recommend that you begin by reading Chief Judge Raders excellent and on point explanation of 101, from Ultramercial.

    link to mondaq.com

    Also, I do hope you remember what your former Government colleague Mr. Kelly told the court when asked for the Governments view of 101. He stated “The Government views the claims as an inseparable whole.” Which of course is the core of “Integration Analysis.” Here is wishing you many successful years on the court!

  2. 45

    So about two years as an actual patent attorney, then. In the land of the blind, the one-eyed man is king.

  3. 44

    Wow, I just saw that guy the other day and was going to introduce myself. Totally forgot he was about to get appointed.

  4. 42

    Yeap, dirt bag number three is coming. Our patent laws will be made by those that are not qualified to be on the Fed. Cir.

    Thanks Obama. Why don’t you top it off and put the person in charge of our monetary policy that was one of the people that caused arguably the greatest financial disaster in the history of the world and then went to Wall Street and took his prize.

    Oh wait that is what you are trying to do.

  5. 41

    Yes, as JMD mentioned, it looks like Todd Hughes will be confirmed in September. He was voted out of Judiciary, so there does not appear to be anything standing between him and the bench. Except for Senate gridlock, that is, and that’s always a possibility.

  6. 40

    As the ITC is subject to “veto”, many will choose Fed Cir, thus, a need for more staff. No, I did not say the veto was based on lobbying, nationality, or other!

  7. 39

    And to be clear because I can see the many ways you will worm around the real issues,

    J. Chen was result oriented and not apply the law oriented. The results would come from Dudas and Chen would make sure to get whatever result that was needed no matter the law.

    That is what I remember of him. Exactly the opposite of the type of person you want as a judge.

    So, sorry if bothers you so much to have a community minded person that believes that ethics and morals still matter.

  8. 38

    What is indisputable–at least by humans–is that Obama’s solution to the “patent problem” is to appoint anti-patent people that are not qualified to be judges on the Fed. Cir.

    He ran Kappos out of the PTO and now is appointing henchmen to the Fed. Cir. We can expect many years of opinions that are devoid of science and patent law and come straight out a totalitarian state.

    J. Chen would have chopped off your n*ts in a second to get what it wanted. He was a henchman–not a fair minded person.

    And, be clear that the liberal left has just as much a totalitarian streak and the extreme right.

  9. 37

    That’s a prediction. “Oh, he’ll do just fine.” Stay away from that limb and hug that trunk.

    You typify the bloated d*pes of this world. You have no foresight. No sense of community responsibility. You are the same type that lets Wall Street steal trillions and don’t see how it affects you, but evaluate everything based on whether or not your plate is full.

    Get yours and who cares how others get theirs, right JMD? No community. No morals. No boundaries.

  10. 36

    He’s on track for September, unless they go nuts again with another government shutdown and more political footdragging.

  11. 34

    Yes, I know – but it’s the best counting of angels on that pinhead that I could come up with.

  12. 32

    Oh, he’ll do just fine.

    After all, from reading your posts, since he’s a “monster… a tyrant… a thing… a tool of the corporate machine… a tool of Dudas” who has “practiced patent law for 10 plus years if you count government service, which no one in their right mind would count…” I guess he can’t be all THAT bad.

  13. 31

    Actually Ned, if you understand 101 you would realize that it is the reputation of the Supremes that is marred.

    Take a look at the current mess. The CAFC has been brow-beaten into abdicating its role as clarifier of patent law because of the Supreme Court and the Court’s 101 nonsense.

    Just ask Alice.

    (further, Hand is rightfully a legend, but Story is compromised by his unhealthy importation of then-English patent law, including – and obvious from your posts – an unhealthy attitude towards method patents)

  14. 30

    Well, why not point him in the right direction?  In patent law, we have Story, Hand and perhaps Rich.  The first two are held in universal high regard.  Rich’s long battle with the Supreme Court over 101 perhaps mars his reputation just a bit.


  15. 28

    I predict that I hope his enforcer days are over, that he realizes that he has a different job now, that he realizes just how bad the Dudas approach was (after all, he does has some contrast with the Kappos approach under his belt).

    I also predict that you will continue to be in your Blue Sky Is Falling Mode. I would expect no less. (and to be fair to the piece of Blus Sky you have picked up and hold in your hands, future prediction of performance is in fact best based on past performance – let’s both hope that Chen realizes that a different performance is being asked of him).

  16. 27

    And for all my little brained friends, try to think of what will be with these judges. Try to image the outcome of en banc cases with these new “judges.”

    Obama could have picked an anti-patent person as far as I am concerned as long as he/she actually practiced patent law for 10 plus years. Yes, I know little brains that J. Chen did practice patent law for 10 plus years if you count government service, which no one in their right mind would count. Maybe give him one year credit for his years at the PTO.

    The enforcer boy cometh. Oh joy. And, all the little brains that nay say me, then make your own predictions.

  17. 26

    We are seeing a pattern of Obama appointing anti-patent people probably the community organizer’s idea of how to fix the patent system.

    So, rather than getting Newmans, Riches, Raders, we are getting Lauries, or really worse as we are getting people that anti-patent and don’t even know science or patent law (yes, I know that doesn’t apply to J. Chen.)

  18. 25

    From what I remember he was a tool of Dudas. Anti-patent. Understood patent law at a level of a enforcer. Scary person.

  19. 22

    I’m going to go with no and no.

    It’s about who you know, not what you know.

    I just hope that he’s capable of learning the distinction and different analysis.

  20. 17

    Does he understand the difference between 101 and 102/103?

    Does he understand that it is improper to reject any apparatus claim under 101?

  21. 16

    We have marching towards us a monster. From what I’ve seen, he is heavily biased. He is not a enlightened thinker but an tool of the machine of the corporations. Count on this thing doing massive damage to the patent system.

  22. 14

    LOL – Ned, how about the person whose seat he is taking is named for?

    We could use another Judge Rich, someone who knew the law (because he heled write it) better (much better) than the Supremes themselves.

  23. 13

    I prefaced it with “prediction.” That is what I predict. A J. Laurie but much, much worse.

    My predictions are very often correct. From what I’ve seen of this man—watch out. The helping of ego he has is much greater than his desire to understand or his native intelligence. A recipe for disaster. Unless this appointment transforms him, which does happen once in a great while, we are in for some of the most biased opinions at the Fed. Cir.

    Welcome third world country circuit court.

  24. 12

    Exactly. Look, Chen’s from Huntington Beach. Probably the only Judge who can get up on a surfboard without embarrassing himself. Never met anyone from our beach towns out here who could qualify as a tyrant, did you? Too weird.

  25. 10

    JMD, I too wonder about his post. He disagrees with folks, and points out their biases. That is totally acceptable.

    But tyrant?

    That is beyond the pale.

  26. 7

    Worst judge ever? Tyrant? NWPA, I think you’ve just jumped from infancy to senility without a period of maturity.

  27. 6

    Good wishes are in order, and what is considered appropriate on this side of the Pond. Congratulations, too.

  28. 3

    Tyrant? What, not a “criminal”, too?

    Or maybe you’d like to altar that to say, “a tyrant AND a criminal”?


  29. 2

    Welcome, may you completely change your views and open your mind. And, most of all may you worship at the alter of applying the law and not your biases.

    I have little hope for you. I suspect you are going to be one of the worst judges ever appointed to the Fed. Cir. You are going to be a tyrant is my prediction based on what I’ve seen of you.

  30. 1

    Oh my, oh my, oh my.

    Whatever will all you hand-wringers do now?

    (Hand-wringers = those constantly whinging about the dearth of real honest to goodness patent attorneys at CAFC.)

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