On Wednesday, April 12, 2023, the IPWatchdog reported that Chief Judge Kimberly Moore of the U.S. Court of Appeals for the Federal Circuit filed a judicial complaint against Pauline Newman, a judge of the U.S. Court of Appeals for the Federal Circuit. Judge Moore claims that she has probable cause to believe that Judge Newman is unable to effectively discharge the duties of her office.

Specifically, the allegations state that Judge Newman is slow when it comes to the issuance of opinions, which affects the administration of justice. Second, Judge Moore stated that she heard stories from colleagues and others at the court that cause her to have concerns about Judge Newman’s overall ability to serve.

According to the report, Chief Judge Moore was willing to resolve her grievance with Judge Newman if she agreed to take her senior status. However, Judge Newman refused to consider the same which led Chief Judge Moore to file a complaint under the Judicial Conduct and Disability Act challenging Judge Newman.

But according to PATENTLYO, Judge Newman refused to participate in the process or receive any documents related to the said complaint. Additionally, she has declined to submit to a medical examination to take senior status or retire.  Her refusal to participate in the process serves as an additional cause in the complaint.

Judge Newman’s obstinance appears to be rooted in her belief that she is “the only person on the Court” who cares about the patent system and innovation policy.  Throughout her 39 years on the court, Judge Newman has been a stalwart supporter of strong patent rights.

 

Source: IPWatchdog