You might have noticed today two rather succinct opinions issued by the Federal Circuit. One wonders if that is in response to recent criticism of the Federal Circuit for issuing so many Rule 36 opinions in patent related appeals.
I thought it was interesting that one of the Federal Circuit’s judicial clerks recently moved on to become a Supreme Court Fellow. Namely, Judge O’Malley’s former clerk, Matthew Sipe, moved on to become a Supreme Court fellow assigned to the administrative office of the United States Courts. [Link]. You can listen to Judge O’Malley nominate Mr. Sipes for admission to the Federal Circuit Bar [here].
I have to admit that I had never heard the term “Supreme Court Fellow” before. It appears that there are only four appointed each year. At any rate, to the extent that the administrative office of the United States Courts has any influence on Congress, Mr. Sipes should be well-positioned to make the administrative office aware of the Federal Circuit’s plight and the possible need for Congress to propose legislation to create additional Federal Circuit judgeships to alleviate the Rule 36 problem.