On Tuesday, October 22, 2024, Bloomberg Law reported that the owner of a recently invalidated patent for background-check software urged the U.S. Supreme Court to review the Federal Circuit’s suspension of 97-year-old Judge Pauline Newman. The company, Miller Mendel Inc., argues that her absence from the court deprived them of a potentially favorable judgment in their case.
Miller Mendel’s patent, US Patent No. 10,043,188, was ruled abstract under Section 101 of the Patent Act. This decision followed the two-step patent eligibility test established by the Supreme Court in its 2014 ruling in Alice Corp. v. CLS Bank Int’l. The initial invalidation came from an East Texas district court judge and was subsequently upheld by a three-judge panel at the U.S. Court of Appeals for the Federal Circuit.
Judge Newman, known for her critical stance on the Alice test, was suspended from hearing new cases by the court’s Judicial Council after she declined to participate in an independent medical evaluation. Miller Mendel’s petition to the Supreme Court, filed on October 18, contends that the company was denied a fair opportunity for its case to be heard by one of the most experienced appellate judges in patent law.
The company asserts that Newman’s expertise and perspective could have significantly influenced the outcome of their appeal. Miller Mendel’s legal action against the city of Anna, Texas, initiated in 2021, alleged infringement of their patent. This lawsuit was part of a broader strategy targeting various state and local governments, including Oklahoma City and the Alaska State Troopers, which utilize software provided by Guardian Alliance Technologies, a competitor of Miller Mendel.
In its petition, Miller Mendel claimed that the suspension of Judge Newman effectively denied them their constitutional right to an impartial tribunal. The company reiterated assertions made by Newman and her attorney, contending that her suspension was not a matter of health or capability but rather a calculated effort to silence a judge who has been regarded as favorable to patent owners.
Miller Mendel also seeks Supreme Court intervention regarding the district court’s reliance on a declaration from Guardian’s CEO when dismissing their lawsuit. The company argues that this reliance was inappropriate and highlights a broader issue concerning the lack of clear criteria for determining patent abstractness under the Alice framework.
Judge Newman has actively contested her suspension through both administrative channels and a lawsuit filed in the U.S. District Court for the District of Columbia. However, her lawsuit was dismissed, and she has since appealed the decision to the U.S. Court of Appeals for the D.C. Circuit.
Source: Bloomberg Law
