Archive for August, 2022

Federal Circuit Judicial Conference

Tuesday, August 16th, 2022

The Federal Circuit Judicial Conference is approaching. It is scheduled for September 7th, 2022 in Washington, D.C. Here’s the agenda:


7:00 a.m.page1image3631932928Check-in Breakfastpage1image3631936336
8:30 a.m.State of the Court and Welcomepage1image3631947040Kimberly A. Moore, Chief Circuit Judge
U.S. Court of Appeals for the Federal Circuit
8:45 a.m.Federal Circuit Judges PanelMs. Maynard will moderate a panel discussion with the Judges of the Federal Circuit addressing observations from the bench about the best practices when advocating before that court and other matters of concern in the day-to-day handling of appeals in the Federal Circuit.Moderator:Deanne E. Maynard, Partner Morrison Foerster LLPPanelists:The Judges of the Federal Circuit
10:15 a.m.Networking Breakpage1image3632005424page1image3632006112
10:35 a.m.Tribunal and Agency PanelJudge Taranto will moderate a discussion with judges and officials from tribunals within the Federal Circuit’s jurisdiction addressing trials, fact-finding, and decision-making in their respective tribunals.Moderator:Richard G. Taranto, Circuit Judge
U.S. Court of Appeals for the Federal CircuitPanelists:Margaret Bartley, Chief Judge
U.S. Court of Appeals for Veterans ClaimsElaine D. Kaplan, Chief Judge U.S. Court of Federal ClaimsMark A. Barnett, Chief Judge
U.S. Court of International ClaimsDavid S. Johanson, Chair
U.S. International Trade CommissionCathy A. Harris, Acting Chair
U.S. Merit Systems Protection BoardDerrick Brent, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director
U.S. Patent and Trademark Office
11:30 a.m.Networking Break
12:15 p.m.Luncheonpage2image3632210864page2image3632182288
12:45 p.m.Keynote SpeakerElizabeth B. Prelogar
Solicitor General of the United Statespage2image3632201440
1:15 p.m.American Inns of Court Professionalism AwardThe American Inns of Court Professionalism Awards are awarded each year in participating federal courts to a lawyer or judge whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the legal profession and the rule of law.page2image3720440928
1:30 p.m.Administrative Law PanelModerator:Paul D. Clement, Partner Clement & Murphy PLLCPanelists:Raymond T. Chen, Circuit Judge
U.S. Court of Appeals for the Federal CircuitPatricia A. Millett, Circuit Judge
District of Columbia Circuit Court of AppealsLisa Blatt, Partner Williams & Connolly LLPJeffrey A. Lamken, Partner MoloLamken LLPpage2image3720477440
2:45 p.m.page2image372048129640th Anniversary:
A Review of the Federal Circuit
Moderator:Timothy R. Holbrook, Vice Provost for Faculty Affairs and Asa Griggs Candler Professor of Law
Emory University School of LawPanelists:Rochelle C. Dreyfuss, Pauline Newman Professor of Law; Co-Director, Engelberg Center on Innovation
Law & Policy
New York University School of LawScott M. McCaleb, Partner Wiley Rein LLPMark A. Robbins, Interim Executive Director U.S. Election Assistance CommissionMartin F. Hockey, Jr.
Deputy Director
U.S. Department of Justice
Civil Division, Commercial Litigation BranchElizabeth J. Drake, Partner Schagrin Associates

I think the last panel looks interesting. SMU School of Law had a similar topic at its symposium last year, where it looked back at the Federal Circuit experiment. I thought this was an interesting discussion of whether the Federal Circuit is a “captured” specialized government body and whether inconsistent patent decisions stir the pot to give patent law and the Federal Circuit greater prominence and prestige:

Judge Dyk’s First Circuit Opinions

Sunday, August 7th, 2022

One of the interesting aspects of the federal judiciary is that Article III judges sometimes sit by designation in courts other than their home court. From the Federal Circuit, Judge Dyk has sat by designation with the First Circuit on a regular basis. The Federal Circuit used to invite judges from other courts to sit by designation; but, it has not done so much recently. Quite frankly, that has been a good move. The court has its own challenges without having to deal with additional voices, who are likely less familiar with the vagaries of patent law. Plus, it avoids any uncomfortable conversations about the Federal Circuit’s patent eligibility jurisprudence.

You can see some of the First Circuit opinions that Judge Dyk has been a part of in recent years at this [Link]. In a cursory search, I did not come across any Rule 36 Judgments in this list.

Judge Cunningham’s Opinions

Tuesday, August 2nd, 2022

Judge Cunningham was confirmed by the Senate more than a year ago. It is interesting how limited an opportunity she has been given by her colleagues to write any patent opinions. The court issues so many Rule 36 opinions that Judge Cunningham has only had a chance to author a handful of patent/trademark opinions herself. By my count, these are the only three patent/trademark “opinions” that she has authored — although this list includes some “orders” of the court relating to patent cases:

IN RE MILLER, No. 2021-1599 (Fed. Cir. Feb. 28, 2022).

HAGE-BOUTROS v. ETHIKA, INC., No. 2021-1615 (Fed. Cir. Feb. 4, 2022).

So, we continue to play wait-and-see as to which direction Judge Cunningham will lean, if at all.