The recent controversy at the Court of Appeals for the Federal Circuit involving Chief Judge Kimberly Moore and Judge Pauline Newman has raised concerns and garnered attention. The Court has now confirmed the rumors about Judge Moore’s actions to remove Judge Newman from an active role on the bench. According to a statement of court and two published orders, it seems that Chief Judge Moore also has the support of her fellow judges in this matter.
The primary concern revolves around Judge Newman’s alleged failng to maintain a full workload due to health issues, taking an excessive amount of time to issue opinions, and showing signs of declining mental acuity. Despite these concerns, Judge Newman has refused to participate in the process or receive any documents related to it. Additionally, she has declined to submit to a medical examination or to take senior status or retire. Her refusal to participate in the process serves as an additional cause in the complaint.
Judge Newman’s obstinance appears to be rooted in her belief that she is “the only person [on the Court] who care[s] about the patent system and innovation policy.” Throughout her 39 years on the Court, Judge Newman has been a stalwart supporter of strong patent rights.
- Statement of the court: https://cafc.uscourts.gov/home/the-court/notices-announcements/
- March 2023 Order: https://cafc.uscourts.gov/wp-content/uploads/March%2024,%202023%20Order.pdf
- April 2023: https://cafc.uscourts.gov/wp-content/uploads/April%2013%20Order.pdf
Judge Newman joined the court in 1984 and is now 95 years old. She has been the oldest member of the court since the death of Judge Giles Rich in 1999 at the age of 95. Judges Dyk and Lourie are both in their 80s.
I note that under the Judicial Conduct and Disability Act of 1980 (28 USC ch.16), the Court of Appeals for the Federal Circuit does not actually have the power to “remove” a sitting Article III judge (28 U.S.C. 354(a)(3)(A)). That would require a conviction in an impeachment by Congress.
But what it can do, if a complaint is not dismissed, includes:
(i) ordering that, on a temporary basis for a time certain, no further cases be assigned to the judge whose conduct is the subject of a complaint;
(ii) censuring or reprimanding such judge by means of private communication; and
(iii) censuring or reprimanding such judge by means of public announcement;
and additionally for Article III judges (the Act more generally encompasses bankruptcy and magistrate judges too):
(i) certifying disability of the judge pursuant to the procedures and standards provided under section 372(b); and
(ii) requesting that the judge voluntarily retire, with the provision that the length of service requirements under section 371 of this title shall not apply.
If the Judicial Conference concurs in the determination (or makes its own determination) that consideration of impeachment may be warranted, it shall so certify and transmit the determination and the record of proceedings to the House of Representatives for whatever action the House of Representatives considers to be necessary.
I further note that under 28 U.S.C. 271(b), the certifying of a disability of a judge (“unable to discharge efficiently all the duties of his office by reason of permanent mental or physical disability”), who fails to voluntarily retire when requested, enables the President to appoint (as always, by and with the advice and consent of the Senate) an additional “substitute” judge for that circuit. The judge whose disability causes that appointment is to be treated, for purposes of precedence, as junior in commission to the other judges of the circuit.
Yeesh, what a bunch of crap-posting. Judge Newman has been a boon to the Federal Circuit and the CCAP whether you agree with her or not.
It should sadden us all that her current mental state seems to have placed her in this ignominious position.
I am hesitant to cast aspersions on any political motives or skulduggery at work. There seems to be something of a trend of federal officials not wanting to release their grip on power, for a variety of reasons.
It should sadden ALL of us more that the mere assertion leads to comments like: “sadden us all that her current mental state seems to have placed her in this ignominious position.”
You clearly haven’t been paying attention as that those who know her and have had recent dealings with her aver to NO such discrepancy in her current mental state.
+1
Creepy MAGAts beginning their inevitable belly crawl across this topic. Gonna be fun! You can smell the desperation as their brainworm damaged goddess topples like a statute made of creamed corn.
Friendly reminder: GOP is controlled by a pack of r a c i st, misogynist dominionist reality-deniers who want to turn society back 200 years while they seize ownership of everything that isn’t tied down.
Oops, forgot to mention the gun worship, the original hobby of the tiny shrinking losers everywhere.
If only the President were as sharp as Judge Newman is! I especially love when he reads “end of quote” from the teleprompter.
Your political emotional rants absolutely miss.
Still.
link to twitter.com
link to twitter.com
Greg,
The first twit suffers the fallacy of “only the other side.”
The second twit reflects the fallacy of your own sequestering yourself away (supposedly 😉 ) from my posts.
MM’s butt status?
Blasted
6,
Catch the Lex Fridman / Max Tegmark podcast yet?
Oh dear je sus, that thing popped up in my feed and intentionally avoided it. I overall like lex, but dude needs to cut the cringe down by like 50-80%.
Just give me the TLDR version. It’s like 3 hrs long.
More your speed, 6?
“I am proud of you, son”
link to youtu.be
Oooh, tasty wingnut pu ke, served up in a cup with a spork to pierce those undigested morsels.
….?
¯\_(ツ)_/¯
MM bro, did you catch Ana switching to the evil side?
link to youtube.com
You give me the money! lolol.
Because the government’s forcing me to do it! And then like, after I file my taxes there’s a certain portion of that purchase which might be tax deductable, like fk off! I’m so sick of it, it’s just like MMMMMMmmmmmph, ENDLESS pressure, pressure, pressure, I can’t take it! -ana
Basically what every evil one has been saying to themselves put right out in the open lol. So well acted out by Ana.
Meh,
I do not see her switching any side, and more so seeing merely her playing the ‘next’ V1ctim card and wanting money.
This is part and parcel of the Liberal Left (note that she had NO wanting to take any personal responsibility for her “Green wants.”
PLENTY of gaslighting going on in that clip – so much that I could only stomach the first ten minutes.
“note that she had NO wanting to take any personal responsibility for her “Green wants.””
I know right? It’s all good and dandy if someone else is paying. If you didn’t watch the pressure pressure pressure part you’re missing a true treat.
But yeah she did switch sides on a whole lot of things. She finally got mugged/assaulted herself (a “conservative” just being a liberal that got mugged). And she’s gone 100% TERF. Add on top of that, she can’t take a few thousand dollars in spread out payments to stop the global holocaust of FIRE and BRIMSTONE from “lol climate change”, she’s 100% ebil. Remember, she’s “freaking out” about a small loan to save the planet. Or a large one, whichever lol.
Listened through the rest — the narrator takes my side: she has NOT switched sides.
Actually switching sides would mean developing a sense of personal responsibility — that’s nowhere to be found.
And even the aspect of her “wanting protection” is not a sign of any side-switching. All current in-power Liberals wanting to ban “your guns” STILL want their own guns. She is no different than those hypocrites (everything still remains ‘about her’).
MM bro, did you hear? From McCain’s own widow’s own mouth, the higher ups of the fed gov were “afraid” of epstein, for whatever reason. Crazy. I wonder if it was because of black mail or because of his ability to throw money against them in races? What do you think bro?
link to youtube.com
” Despite these concerns, Judge Newman has refused to participate in the process or receive any documents related to it. ”
100000000000000000000000000000000000000000000000000000%
based
I’m confused. Was this complaint . . . meant to be filed . . . against our bumbling, babbling, often-confused, near-senile-yet-still-in-office-and-wants-to-run-again president Biden?
“Confused” is probably the kindest thing that can be said about you. You’ve been trolling under this nym for a year and you haven’t written two sentences beyond circle jrrking or mouth-breathing grunts. Maybe hire a 12 year old to help you out?
“beyond circle jrrking or mouth-breathing grunts.”
That first term earned quite a number of your posts to be deleted, the second is a mindless Leftist term.
Do better — and keep in mind that at least the moniker of the person you are taking issue with does note his admitted lack of in-depth patent understanding — in SHARP contrast to your assertions that you are “not anti-patent” and past assertions that you are a patent attorney (the two of those quite evidencing your roaring cognitive dissonance).
“ the person you are taking issue with does note his admitted lack of in-depth patent understanding ”
There is no evidence of “in-depth” understanding of anything. Dude is a straight up troll sniffing your behind and you’re as deep as My Pet Goat.
“There is no evidence of “in-depth” understanding of anything.”
In the best Reagan tones,
“Well, there you go again.”
Long before the Liberal Left moniker of “The Iron Rule of Woke Projection,” there was Malcolm and his
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“According to a statement of court and two published orders, it seems that Chief Judge Moore also has the support of her fellow judges in this matter.”
Yet another example of the psychological thought experiment of fire-hosing simians in a cage.
She should be immediately removed from office-not even a close call. The initial complaint had merit, and while J. Newmann is free to disagree with it (and can defend herself), she can’t just refuse to comply with the process. GTFO
I laugh at Litig8tor for the obvious company that he keeps.
Hint: only one other person — across the blogosphere — echoes your emotional reaction.
You do know that “not complying” IS a legitimate course of action, right – after all, your moniker is akin to a litigator….
“ You do know that “not complying” IS a legitimate course of action, right”
Are you her attorney? Advising her to “keep digging until you reach China” sounds like your style.
Behind a paywall: “An attorney close to Judge Newman told Law360 on Thursday that Judge Newman has hired counsel to defend against the complaint.”
No, it is not me.
And to clarify, NOT cooperating is a legitimate course of action – but such does have consequences (witness the second order).
As for Malcolm’s typical
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“Advising her to “keep digging until you reach China” sounds like your style.”
NO ONE digs more furiously to get out of a deep hole that they have dug themselves into than you.
And to clarify, NOT cooperating is a legitimate course of action – but such does have consequences (witness the second order).
You can’t possibly be a lawyer, right? She took an oath to follow federal procedure and ethics codes. She has to show cause for noncompliance with the investigation, and she hasn’t, but she is still not complying. That may be non-criminal, and the court may not be empowered to impeach, but there’s no way to call that “legitimate.”
Hiring a lawyer to fight the underlying complaint doesn’t make her noncompliance in further investigation legitimate any more than its legitimate to resist an arrest you think is improper or obstruct an investigation into a crime you know you didn’t commit.
Those CLE classes aren’t paying off for you, huh?
It is legitimate – and I am an attorney.
You kind of jumped right over the “and there may well be consequences” part.
And yes, if I were to comment that you must be an examiner, that would be a put-down.
I am an attorney.
Is that where the “oathbreaking is legitimate action” logic comes from?
Your point is explicitly refuted, and that is the best reply that you can come up with?
While I appreciate the reporting and do not disagree that it is newsworthy, I hope that further reporting will minimal in the interests of compassion and discretion.
She’s a high-ranking federal official whose salary is paid by taxpayers and who wields a significant amount of gov’t power. She’s been accused of failing to properly perform her official duties. The public, including visitors to this blog, unquestionably has a right to be informed about something like that.
Sounds like you’re describing Joe Biden.
One might hope that Newman’s attorney(s) can do better than her defenders are doing here … but that would be naive.
LOL – as opposed to Newman’s detractors…?
My your grasp of reality is quite askew there Malcolm.
Nobody actually wants her to win re re. They want her to lose, but by going down with a fight, and hopefully leveling charges of se xism (nobody said anything much about the 95 year old man judge who probably did no better than she is), abl eism (no reasonable accommodation) and ag e ism (obviously these issues are related to her age). All of which are 100% legit, especially from the lef tist perspective.
It looks like Malcolm’s hemorrhoids are acting up again. Making him super irritable. Try Hemmorid, Malcolm, it might calm you down from your rants.
“They want her to lose … and hopefully leveling charges of se xism”
Too funny. Who is “they”, by the way?
“100% legit, especially from the lef tist perspective”
So … Newman is going to “own the libs” by filling her diaper in her seat until she croaks? Wow. Very impressive! Maybe she can shoot herself in the crotch with her Glock while she’s at it then we “leftists” will feel really “owned”!
Are you saying that the ISMs do not count here?
(fake gasp, true /S)
“Who is “they”, by the way?”
Everyone so far as I know, you yourself supposedly, but not really, larp as caring about leftisms isms. When you don’t really, you just care about yourself, obviously, but we’ll play pretend even for you.
“So … Newman is going to “own the libs” by filling her diaper in her seat until she croaks? Wow. Very impressive! Maybe she can shoot herself in the crotch with her Glock while she’s at it then we “leftists” will feel really “owned”!”
No, she’s just doing it for herself. That is, for her own motivations, here likely psychologically getting her psychological needs met to be “doing something worthwhile and helpful and good” by being pro-patent on the court until she can’t anymore. As she already stated. But the happy coincidental by product is the roflpw ning of the lefto ids.
Wow. I agree with Ben.
If I invent a generative AI-based nanobot that can play a miniscule violin, would Newman support me getting a patent for that?
According to some folks here (and maybe Newman too), you just did invent it and that includes every operative embodiment envisionable by a skilled artisan for the next 20 years. Maybe throw in the notes for a couple songs so you can point to some “sufficient structure.”
You are the reason why Judge Newman may feel like she cannot retire or take senior status. (Not that I disagree)
OK, now Prophet has to file an application with claims directed to newfangled ESP control over a federal judge’s career decisions.
As a reminder to the audience, this is the person who wrote one hour earlier about doing the “the polite and honorable thing.”
Meh, Let’s recognize the forum for what it is, and allow “impolite” banter.
If you are looking for “polite,” you should not be on a blog.
The fact that Judge Moore could not personally assume Judge Newman’s seat does not mean that there is not a potential conflict of interest.
If you have an affirmative case to make for CJ Moore being conflicted, the polite and honorable thing would be to state it outright instead of unfounded insinuations.
This was published 2 hours ago: “(Reuters) – A federal appeals judge in Washington, D.C. is under investigation by her own court for allegedly failing to carry out her duties and refusing to respond to other judges’ concerns, court officials at the U.S. Court of Appeals for the Federal Circuit said on Friday. An order signed by Federal Circuit Chief Judge Kimberly Moore said a three-judge committee had determined that Judge Pauline Newman, who is 95, may “suffer a disability that interferes with her ability to perform the responsibilities of her office.” Newman is also under investigation for misconduct for refusing to cooperate with the probe or submit to a medical evaluation, Moore said in the order, dated Thursday. Newman and Moore did not immediately respond to emailed requests for comment.
In an earlier order in March, Moore said Newman had shown signs of cognitive and physical impairment, delayed filing opinions, disclosed sensitive medical information to her staff and allowed one of her law clerks to exhibit unspecified “unprofessional and inappropriate behavior.” The March order said that half of the court’s active judges expressed concern about Newman’s mental fitness. Newman had refused to consider senior status, a form of semi-retirement, calling herself the only person on the court “who cared about the patent system and innovation policy,” the order said. ….”
P.S. I found a report that about 32% of all federal judges are on senior status [same pay, less workload] so presumably a much higher percentage of those eligible for it [age 65 and 15 years service] must be taking it?
Does it impose any restrictions other than for some en banc reviews?
Under what federal judges often call the “Rule of 80,” senior status is available when a federal judge’s age, plus their number of years of judicial service, equals 80. So a judge appointed earlier in life who has served a longer time could actually he eligible before the age of 65. There is no rule requiring that an active judge accept senior status, but there is often pressure applied to older judges to take senior status as that allows the current administration to appoint another active judge to fill that seat.
Senior judges get a substantially reduced caseload and can often choose the types of cases they are willing to hear (district judges who go senior, for example, often specify that they don’t want to hear criminal cases or certain types of criminal cases). But senior judges remain full Article III judges until they retire or pass away, so they receive their full salary and benefits. But some of the perks of active judgeship go away; they often can hire fewer law clerks because of the reduced caseload, and in some districts, they may be asked to move to smaller offices/courtrooms. At the circuit level, as you mention, they’re typically not included in en banc consideration, which is probably a key reason someone like Newman may have have found senior status unattractive despite first becoming eligible for it in 1995.
Nothing new in that article, everything there came from the March 2023 order that’s been made public.
Importantly, and following on from my comment on the earlier post, I note that CJ Moore is proceeding under Rule 5 by “identifying”, not filing, a complaint. So she is not automatically recused. Moreover, there is no expression mention of recusal anywhere in these documents. To the contrary, it seems like she intends to participate fully for the duration.
Why should Judge Moore be expected to recuse herself? There’s no conflict of interest here. It’s not like Newman occupies some seat that Judge Moore is coveting.
Don’t get me wrong, I’m not suggesting or proposing any grounds for recusal. But someone commented on the earlier post asking if she might have to recuse for procedural reasons. I was just noting the lack of any procedural requirement for her to do so under the circumstances.
Judge Newman has been a blessing to the field of patent law. I only wish she had been appointed to the SCOTUS decades ago so she could have authored opinions based in an actual understanding of patent law rather than the cluelessness displayed by Thomas and others as they ham-fisted their way to continued ambiguity and uncertainty.
Tell everyone the facts in Prometheus v Mayo, including Prometheus’ theory of infringement of their claims, and explain what was at stake in terms of the patent system and liability for drawing “new” inferences in prior art contexts.
Go ahead. You’re a very serious person, right? Prove it.
Thank you for proving my point.
The funny thing about his doing that so often, is that he appears completely unaware of the fact that he does that.
He really does seem to think that his short script of rhetoric is somehow meaningful.
ps: any update on your design patent cases?