Posts Tagged: "nominations"

Brett Kavanaugh: A history of Skepticism toward the growth of the Administrative State

As was the case with Justice Neil Gorsuch, Kavanaugh has a history of being skeptical toward the growth of the Administrative State, which means the growth of agency power is not something he has shown a predisposition to being in favor of in his decisions. Given the outsized importance of the Patent Trial and Appeal Board (PTAB) within the patent industry, and the fact that the Supreme Court has already twice mentioned “shenanigans” in PTAB procedures, another conservative Justice inclined to be skeptical about the growth of administrative power may ultimately set the stage for review of some of the more egregious PTAB violations of the Administrative Procedures Act, such as but not limited to a severe and substantial lack of judicial independence among the Administrative Patent Judges that make up the PTAB (i.e., the Office admittedly engaging in panel stacking to guarantee favored outcomes in inter partes challenges, the fact that dissents are not allowed unless approved by supervisors, and supervisors deliberating with subordinates on cases they were not assigned to handle).

President Trump nominates FTC’s Maureen Ohlhausen to Court of Federal Claims

President Donald Trump announced his intent to nominate a tenth wave of judicial nominees. Among those nominated today for positions on the federal judiciary were Acting FTC Chair Maureen Ohlhausen, who was nominated to become a judge on the United States Court of Federal Claims.

USPTO Director Nominee Andrei Iancu Unanimously Approved by Senate Judiciary Committee

Earlier today President Trump’s nominee to become the new Under Secretary of Commerce for Intellectual Property and the Director of the United States Patent and Trademark Office was unanimously approved by the Senate Judiciary Committee… Favorably reporting Andrei Iancu to the full Senate for confirmation as Director of the USPTO is an important next step along the nomination path. This being done today sets up a possibility that Iancu could be confirmed by the full Senate before the end of 2017, although time is fast running out.

10% of judicial emergencies are in EDTX, the preferred venue for patent litigation

Three of the judicial emergencies, just less than 10 percent of all judicial emergencies in the U.S. federal court system, are in the U.S. District Court for the Eastern District of Texas (E.D. Tex.). With the judicial vacancies in E.D. Tex., the concern is that a growing docket of patent infringement cases could create a bottleneck for the court, greatly increasing the amount of time that it takes the court to issue a decision. Business litigation is typically given a backseat to criminal litigation in district courts as American law upholds a suspected criminal’s right to a speedy trial. The vacancies also naturally result in an increased percentage of U.S. patent infringement cases assigned to Judge Rodney Gilstrap. This January, we reported that Judge Gilstrap could be deciding as much as 20 percent of all patent infringement cases filed in U.S. district courts. The fact that one judge could be deciding as much as one-fifth of the patent infringement docket at the district court level seems a little less than democratic.

President Obama nominates Karen Gren Scholer to Eastern District of Texas

Karen Gren Scholer has been nominated to serve on the United States District Court for the Eastern District of Texas. If confirmed, Scholer, who was born in Tokyo, Japan, will become the first Asian American to serve as a federal district court judge in Texas or any of the courts encompassed by the United States Court of Appeals for the Fifth Circuit, a territory that encompasses Texas, Louisiana, and Mississippi.

Kara Stoll Unanimously Approved for CAFC by Senate Judiciary Committee

In a unanimous vote the Senate Judiciary Committee approved the Stoll nomination, which now moves on to the full Senate. If confirmed Stoll would take the vacant spot created by the retirement of Judge Randall Rader.

Senate Confirms Raymond Chen to Federal Circuit

While in the Solicitor’s Office at the USPTO Chen’s notable Federal Circuit arguments included In re Bilski, In re Nuijten, and In re Comiskey. While I disagreed with the Federal Circuit decision in each of those cases I still believe Chen to be an excellent choice for the Federal Circuit. While some may look at the cases where Chen defended the Board, that was his job and I would caution reading to much into the briefs filed looking for a window into the judicial philosophy of Chen. Indeed, I have every reason to expect that he will align himself with the pro-patent wing of the Court.

Call for Nominations for 40th Annual Inventor of the Year Award

Nominations are due by May 15, 2013, and the winner (and the nominators) will be honored on Monday, December 10, 2012, in Washington, D.C. at a gala event. The purpose of the award is to increase public awareness of inventors and how they benefit the nation’s economy and our quality of life. To accomplish this goal the IPO Inventor of the Year Award recognizes the most outstanding recent inventor (or inventors in the case of joint invention). Thus, nominations are being solicited from independent inventors, as well as inventors employed in industry, universities, and government.

Nominations Open for IPO Inventor of the Year Award

The Intellectual Property Owners Education Foundation currently has a Call for Nominations for their 39th Annual Inventor of the Year Award. Nominations are due by April 16, 2012, and the winner (and the nominators) will be honored on Monday, December 10, 2012, in Washington, D.C. at a gala event. I have already nominated one inventor from a University client of ours, and I encourage everyone to nominate those you represent (or those you know) who have made an outstanding contribution to innovation. The purpose of the award is to increase public awareness of inventors and how they benefit the nation’s economy and our quality of life.

Nominations: Deputy Commish for Patent Examination Policy

Lets be perfectly clear, the Patent Office does not call me and ask my input regarding anything, which should be readily apparent to those who read IPWatchdog.com regularly.  Had the Patent Office done so, and actually taken my suggestions to heart the Department of Justice would not have needed to ask the Federal Circuit to hold off on taking the…