Posts Tagged: "Judge Pauline Newman"

Newman’s Counsel Says Supreme Court’s Agreement with Her Dissent Proves Mental Fitness

The U.S. Supreme Court today reversed an en banc decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in which Judge Pauline Newman dissented, a development Newman’s lawyers say belies CAFC Chief Judge Moore’s opinion that Newman is mentally unfit to serve on the court. The en banc decision was an appeal from the United States Court of Appeals for Veterans Claims in which Judges Newman and Reyna each separately dissented.

Federal Circuit Council Tells District Court to Scrap Surviving Challenges in Newman Case

The Judicial Council of the Federal Circuit told the U.S. District Court for the District of Columbia on Friday that it should dismiss Judge Pauline Newman’s remaining challenges to the Council’s decision to suspend Newman indefinitely from the court because all of Newman’s claims “fail as a matter of law.” Most recently, on February 12, the District of Columbia court denied a motion for preliminary injunction filed by Judge Newman. Despite acknowledging that all of the recent complaints against Newman’s mental fitness continue to be unsubstantiated, the D.C. district court determined that most of Judge Newman’s requested relief was foreclosed by legal precedent limiting constitutional challenges to the Judicial Conduct and Disability (JC&D) Act. However, the court said it maintains jurisdiction over three of the 11 counts, and part of another, brought by Newman.

Celebrating 40 Years with Judge Pauline Newman

On Wednesday, February 28, 2024, Judge Pauline Newman celebrated the 40th anniversary of the day she assumed office on the U.S. Court of Appeals for the Federal Circuit (CAFC). Gene and I were initially invited to join several of her current and former clerks for a surprise lunch with the judge to celebrate. However, after several phone calls and text messages, the plan evolved and, in less than a week’s time, a surprise celebration was planned. Expecting to meet two people in her chambers for lunch, Judge Newman was instead met with a sea of applause when she walked into the room. She was overjoyed to see so many of her friends and colleagues together in one place and pleasantly surprised that we were there to celebrate her.

Happy 40th Anniversary, Judge Pauline Newman!

Today, Judge Pauline Newman celebrates 40 years on the U.S. Court of Appeals for the Federal Circuit (CAFC). Newman was appointed to the court on January 30, 1984, by then-President Ronald Reagan and officially assumed office on February 28, 1984. Newman was the first judge to be appointed directly to the Federal Circuit; all of the standing judges at that time attained their position through the merger of the Court of Customs and Patent Appeals and the appellate division of the United States Court of Federal Claims. She filled the Federal Circuit vacancy created at that time by Judge Philip Nichols Jr., who had taken senior status.

Judge Cooper Denies Injunction But Keeps Newman Case Alive on Key Counts

On February 12, the U.S. District Court for the District of Columbia denied a motion for preliminary injunction filed by Circuit Judge Pauline Newman, who has been at the center of a controversial inquiry into her current fitness to continue serving as a federal appellate judge. Despite acknowledging that all of the recent complaints against Judge Newman’s mental fitness continue to be unsubstantiated, the D.C. district court determined that most of Judge Newman’s requested relief was foreclosed by legal precedent limiting constitutional challenges to the Judicial Conduct and Disability (JC&D) Act. However, the court said it maintains jurisdiction over three of the 11 counts, and part of another, brought by Newman.

‘A Terrible Precedent to Set’: Newman Suspension Upheld on Appeal

The Judicial Conference of the United States’ Committee on Judicial Conduct (Conference) and Disability issued its decision today in Judge Pauline Newman’s appeal of the Judicial Council of the U.S. Court of Appeals’ (Council) September 2023 decision to suspend her from all cases. Federal Circuit Chief Judge Kimberly Moore first identified a complaint against Newman in April 2023. IPWatchdog was the first to break the news, and the court soon published a statement responding to media reports and making previously sealed documents public…. Today’s decision denied Newman’s petition for review of the Council’s decision, holding that the Council did not abuse its discretion in refusing to transfer the proceedings to a different circuit, that Newman has not shown good cause for her failure to cooperate, and that the sanction did not exceed the Judicial Council’s authority.

Mistreatment of Judge Pauline Newman, Hon. William C. Conner Inn 16th Annual Reception and Dinner, and Some Thoughts

First, my advice is that everyone should go to this upcoming William C. Conner Inn Annual Dinner and, for that matter, all the Inn’s annual dinners. I have enjoyed them on many levels. One of those is that you get to see and meet people you ordinarily would not, including judges, even if you often see judges. But this one on January 24 is special, because it has a background we hopefully won’t see again. When I received the Dinner announcement, I was shocked that the primary honoree is Chief Judge Moore of the U.S. Court of Appeals for the Federal Circuit. Why? Because of the way she has misled the public about her mistreatment of Judge Pauline Newman. The Inn states that the “Mission of the Hon. William C. Conner Inn is to promote excellence in professionalism, ethics (and) civility.” This is truly admirable, but one which must have been lost, overlooked, or ignored this year.

Another 101 Bites the Dust as High Court Denies Realtime Data Petition

The U.S. Supreme Court today denied a petition asking the High Court to clarify patent eligibility jurisprudence under Section 101 since its 2014 ruling in Alice Corp. Pty Ltd. v. CLS Bank Int’l. Realtime Data, LLC asked the Court specifically to address the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) August 2023 decision holding 211 of its patent claims ineligible as abstract.

Newman Tells D.C. District Court Her Removal from Bench is ‘Unprecedented in American Judicial History’

Late yesterday evening, the New Civil Liberties Alliance (NCLA)—the firm representing U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman in her district court case against CAFC Chief Judge Moore and other members of the panel of the Judicial Council who are accusing Newman of being unfit to serve on the court—filed a brief asking the D.C. district court to deny the Council’s September Motion to Dismiss and to halt her recent suspension from duties. The brief calls the Council’s actions thus far “ultra vires and inconsistent both with constitutional strictures and the [Judicial Conduct and Disability] Act [of 1980] itself.”

IPWatchdog LIVE 2023 Recap: Video of Judge Newman’s Powerful Remarks and What Sets the LIVE Meeting Apart

We just concluded our Third Annual Meeting – IPWatchdog LIVE 2023, which I can proudly say was a great success. People often ask me what makes IPWatchdog LIVE different from other programs within the industry. The IPWatchdog LIVE 2023 line-up of speakers, as well as its attendees, is a who’s who of people within the industry. Here are just a few of the major highlights from the program.

An Open Letter to Circuit Judges on the Court of Appeals for the Federal Circuit

Friends and former colleagues: If one of the members of our judicial “family” suffers some kind of health event, our first action should be to rush to help. Kindness and brother/sisterhood requires no less. If I can recall some history on our circuit, when Dan Friedman or Giles Rich or others were suffering from declining health, we rushed as their friends and colleagues to offer help, support, and comfort. As Chief Judge, I visited Dan in the hospital once or twice a week for months and then reached out to other colleagues to ensure someone visited him every day. By the way, the most willing participant in our court support network was Judge Polly Newman.

A ‘Disgraceful and Insulting’ Decision: Judicial Council Officially Suspends Newman for One Year, Claiming ‘Serious Misconduct’

Just two days after hundreds in the intellectual property community stood for U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman following her thoughtfully delivered words at IPWatchdog LIVE 2023, the CAFC’s Judicial Council released a 375-page Order suspending Judge Newman from all cases. The Council also released a slew of other documents today, including Newman’s August 31 response to the initial recommendation that she be suspended.

Judge Newman Gets Standing Ovations During Induction into IPWatchdog Masters Hall of Fame; Presents First Ever Pauline Newman Award

Judge Pauline Newman, who is currently in the midst of a very public fight with the Chief Judge of her court, received two lengthy standing ovations at IPWatchdog LIVE on Monday as she accepted her induction into the IPWatchdog Masters Hall of Fame, and also presented the inaugural Pauline Newman Award to Henry Hadad of Bristol-Myers Squibb. Newman had a message for those in attendance that hinted at the need for a possible “major upheaval” of the judicial system for IP rights.

Judge Newman: ‘I Cannot Understand Why My Colleagues Have Decided to Destroy Me’

The New Civil Liberties Alliance (NCLA), which is representing Judge Pauline Newman in her case against U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Moore and the Special Committee of the Judicial Council that is investigating Newman, today released a forensic psychologist’s report on Newman’s mental fitness and a video detailing the alleged unjust treatment Newman has received. The press release and report come days after the three-judge panel that comprises the Special Committee told the U.S. District Court for the District of Columbia that the federal judiciary was meant to police itself, and that Newman’s claim that the Judicial Conduct and Disability Act of 1980 is unconstitutional should be dismissed.

CAFC Panel Investigating Newman Says District Court Case Must Be Dismissed

The three-judge panel that comprises the Special Committee investigating Judge Pauline Newman’s fitness to continue serving on the U.S. Court of Appeals for the Federal Circuit (CAFC) told the U.S. District Court for the District of Columbia on September 1 that the federal judiciary was meant to police itself, and that her claim that the Judicial Conduct and Disability Act of 1980 is unconstitutional should be dismissed. “While no one questions Judge Newman’s many contributions to the law, her legal claims here are jurisdictionally deficient and meritless,” said the CAFC judges in their motion to dismiss.

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