The Prost era at the Federal Circuit began today with Judge Dyk congratulating the new Chief Judge on behalf of the other members of the Federal Circuit: [Listen].
From the Federal Circuit Announcements page:
CIRCUIT JUDGE SHARON PROST ASSUMED THE POSITION OF CHIEF JUDGE OF THE FEDERAL CIRCUIT ON MAY 31, 2014
On Saturday, May 31, 2014, Circuit Judge Sharon Prost succeeded Chief Judge Randall R. Rader as the seventh Chief Judge of the Federal Circuit Court of Appeals. Chief Judge Prost was appointed to the Federal Circuit in 2001 by President George W. Bush.
Chief Judge Prost has 40 years of government service working in all three branches of the federal government. In the Executive Branch, she served as an attorney at the Federal Labor Relations Authority and the Internal Revenue Service, and as both Associate Solicitor and Acting Solicitor at the National Labor Relations Board.
In the Legislative Branch, Judge Prost was Chief Labor Counsel for the Minority of the Senate Committee on Labor and Human Relations, and Minority Chief Counsel, Deputy Chief Counsel and Chief Counsel of the Senate Judiciary Committee. Judge Prost received a B.S. from Cornell University in 1973, an M.B.A. from The George Washington University in 1975, a J.D. from the Washington College of Law, American University in 1979, and an LL.M. from The George Washington University School of Law in 1984.
With Chief Judge Rader stepping down as Chief Judge later this month, it would appear that the line of succession for Chief Judge will be 1) Judge Prost; 2) Judge Moore; and 3) Judge Chen. This assumes that Judge Prost serves until her 70th birthday and that Judge Moore serves as Chief Judge for a full seven year term. Incidentally, it appears from Judge Prost’s Wikipedia entry that she had a birthday this past Saturday. So, she will turn 70 a week shy of a full seven year term. Chief Judges may serve a seven year term or until they reach the age of 70.
The IPBiz.blogspot.com site noted that David Kappos has an article in today’s Detroit Free Press. I thought Mr. Kappos’ article might interest readers; so, here is the link: [Link].
Hard to believe that the Whitehouse.gov site celebrated this photo as the “Photo of the Day” back on November 19, 2013. That date was roughly a year after David Kappos announced he would be stepping down from being the Director of the USPTO and no nominee to replace him had been tendered by the Obama administration. Fast forward to today and still no nominee. Perhaps the USPTO should request that the Whitehouse return those patent models.
Over the past few years, I have been writing the intellectual property chapter for the Colorado Bar Association’s book Annual Survey of Colorado Law. While the book focuses on Colorado law, the intellectual property chapter tends to be dominated by federal developments. This year’s publication is now available for download (for a nominal fee) in its entirety or by individual chapter from the CBA-CLE website: [Link].
For extra credit, how many birds can you find in the picture?
There was a humorous moment recently during oral argument at the Federal Circuit when Judge Plager suggested that the advocate for the appellant might want to replace Tang with bourbon in the analogy being posited: [Listen].
To listen to some other humorous moments at the Federal Circuit, click on the “Humorous” category link.
Limelight has filed its Reply Brief in the Supreme Court case of Limelight v. Akamai. This case deals with the issue of divided infringement. The oral argument is slated for next Wednesday.
You can read Limelight’s Reply Brief [here].