Judge Newman on Saving Patent Law

by Dennis Crouch

Washington Post has published a long article titled, “Colleagues want a 95-year-old judge to retire. She’s suing them instead,” by Rachel Weiner.  Judge Pauline Newman, the oldest active federal judge in the country, has been embroiled in controversy as she resists her colleagues attempts to urge/force her to retire. The article ends with a noteworthy quote from Newman that rings true to her characteristic resilience and dedication: “I want to spend my last five years correcting my colleagues’ mistakes.” In a career spanning four decades and more than 300 dissenting opinions, Newman’s resolve is clear.

My own quote in the Washington Post article outlines the complexity of the situation: “Moore’s order says other judges are concerned about Judge Newman’s health; I think that’s real.” I genuinely believe the concerns are rooted in care for Judge Newman, but the issue at hand extends beyond personal sentiments. As a former  Naval engineer, Chief Judge Kimberly Moore is seeking to run a disciplined court.

Weiner reports the details of her in-person interview with Judge Newman in her Lafayette Square office overlooking the White House.

The article cites to my 2022 study of Federal Circuit decisions showing that Judge Newman is the most patentee-friendly judge, with Chief Judge Moore a close 2nd.   Dennis Crouch, Judging Patent Cases, Patently-O (May 4, 2022).

59 thoughts on “Judge Newman on Saving Patent Law

  1. 7

    I do not know whether Judge Newman really has been as confused or forgetful lately as her accusers say. Maybe she has, maybe not. None of us around here are in a real position to know whether the accusations are fair or not.

    What we can know from the outside, however, is that it is facially improper for an accuser to be a judge of the same accusation. The whole Federal Circuit is accusing Judge Newman, which means that none of her fellow circuit judges can properly serve as judges in this §360 action. They need to transfer this case now, and if they will not, then the Chief Justice (as circuit justice for the Federal Circuit) needs to do so over their heads.

  2. 6

    “I do not adhere to the full premise provided (stepping away from religion is the cause of inanity of the Far Left).”

    When one replaces religion with politics, societal norms set in place even by a veneer of religion go out the window

    Ergo, I think there’s causation

    1. 6.1

      Ah, B, my position is more nuanced, as the Sprint Left IS a form of religion (in essence, religion was not “replaced” with politics, but merely a different religion — one that would hide its religious nature — has ‘ascended.’

      1. 6.1.1

        I don’t disagree one iota, anon. We’re just using different language to say the same thing.

        I didn’t initially understand what Nietzsche meant when he said “God is dead.” Nietzsche was an ass, but he saw the nihilism and destruction coming from the “enlightened.”

        1. 6.1.1.1

          +1

          (God is dead may better be described as “that God is dead, and the ‘enlightened’ have their own replacement”

          even as they not WANT to call their replacement a diety, such is.

          This is tied to gnosticism.

  3. 5

    “I want to spend my last five years correcting my colleagues’ mistakes.”

    Bam! Take that!

      1. 5.1.1

        Taranto is perhaps the most evil of the judges as he is probably the most intelligent and has as a goal to destroy patents.

  4. 4

    Judge O’Malley retired and Judge Wallach took senior status in recent years. Is there any reason to think that those actions occurred with prodding from the court?

    1. 4.1

      Fair enough question. But at least for O’Malley, the answer appears to be no, as she has had many public speaking events during her transition.

      I did mourn the fact that she was electing to retire, but by all indications, the choice was entirely hers.

      1. 4.1.1

        “ I did mourn the fact that she was electing to retire”

        I remember the cute black dress you wore for a whole month afterwards.

        1. 4.1.1.1

          Quite apparently, you are hallucinating again.

          Are you trying to replace Gene with me in your fantasies?

  5. 3

    Re: “I genuinely believe the concerns are rooted in care for Judge Newman”, apart from the self-serving remarks of Moore’s order, are there facts to support this belief? It seems to me that the facts point equally or greater toward a court wanting to rid itself of a contemplative dissenting voice. I have no inside knowledge, and if you do, is there a reason not to say what it is?

    1. 3.1

      “ the facts point equally or greater toward a court wanting to rid itself of a contemplative dissenting voice. ”

      Stay away from hard drugs, kids.

    2. 3.2

      Citing to a WaPo article is like citing to the National Enquirer in the 1980’s. Remember the WaPo will leave out any fact they don’t feel like putting in for to make their point. Trash.

      I think Dennis citing to the WaPo without a disclaimer that the WaPo is a propaganda outlet of the D party and controlled by Amazon degrades the blog.

      Be interesting to see the alternative news (real news now) do some investigating reporting on this. Right now I’d say who knows.

      1. 3.2.1

        “Citing to a WaPo article is like citing to the National Enquirer in the 1980’s.”

        What — you can’t handle the truth?! 🙂

        (insert Sara here)

      2. 3.2.2

        “ I think Dennis citing to the WaPo without a disclaimer that the WaPo is a propaganda outlet of the D party and controlled by Amazon degrades the blog.”

        I think you swallowed your false teeth again and as a result there isn’t enough oxygen getting to your brain.

        1. 3.2.2.1

          “The Prophet”, I seem to remember you telling us how the laptop was Russian disinformation, how Trump was colluding with the Russians, and how Covid-19 couldn’t have possibly come from the Wuhan lab.

          Yet, you march on with your next round of nonsense.

        2. 3.2.2.2

          Something tells me you live alone and haven’t been invited to a party since the 1990s

          1. 3.2.2.2.1

            That would be some incredibly strong projection on your part. LOL! How’s that petition going? Was Dennis able to help you or did he realize along with the rest of the civilized world that you’re a basket case?

            1. 3.2.2.2.1.1

              The Petition will be re-filed on the 14th or 15th after the printer corrects his mistakes and I can haul 40 copies to the back gate of the S.Ct.

              Your concern is touching.

        1. 3.2.3.1

          “I have been to several events covered by the WaPo”

          Was that before you ate the sun and discovered that the Supreme Court was akshuwhee always a branch of the Chinese government?

              1. 3.2.3.1.1.1.1

                Excellent video. We are in a period of unreason. Truth (objective) is considered a right wing concept now. When a Supreme Court nominee cannot define a woman, we are in trouble. Scary times.

                1. “… and B’s post gets removed as well…?”

                  Awaiting moderation is what I see.

                  I suspect someone on the Left complained that I criticized pedophilia and the ongoing and increasing attacks on religion by the state and the Left.

                2. Certainly, either someone whined or Crouch was otherwise nudged.

                  Thing is – you now see it in the “awaiting moderation” mode, but the fact that I was aware of your post necessarily means that it WAS public, and has been clawed back into not being shown.

                  Given that there was nothing offensive – on its face (and certainly far LESS offensive than either the direct posts of others or Greg’s hidden signaling, this is exactly the type of thing that FEEDS consp1racy the0ries.

                3. “ Given that there was nothing offensive – on its face (and certainly far LESS offensive than either the direct posts of others or Greg’s hidden signaling, this is exactly the type of thing that FEEDS consp1racy the0ries.”

                  The hysterics some people go through when reading mundane realities astounds me. The hysterics the Left went through when Musk championed free speech is not lost on me. The fact that censorship goes only one way is old news

    3. 3.3

      I genuinely believe you are 1000% correct. Feelings. But, Dennis has never been a subscriber to stoicism.

  6. 2

    As WaPo goes, not a bad article.

    I did enjoy this:

    Randall Rader, a former chief judge on the Federal Circuit, said he has spoken with Newman recently and found her to be “the same Polly I knew 10 or 20 years ago — as sharp as ever.”

  7. 1

    Let me be the first to call out B$ on, “As a former Naval engineer, Chief Judge Kimberly Moore is seeking to run a disciplined court.

    “Disciplined” is most definitely not the right word for “sh ut up and reflect the desired narrative.”

    “Disciplined” is better describing Judge Newman’s “correcting the court.”

    Further, Moore is anything but disciplined in her stewardship, from either proliferating the Gordian Knot of incongruent panel by panel decisions on patent eligibility to her own shenanigans of turning a dissenting opinion into a majority opinion when Judge O’Malley retired.

    1. 1.1

      Come on anon, it is the WaPo. Trash. Who knows what they left out or misrepresented. Remember these people intentionally lied about the Hunter Laptop and a hundred other things for political purposes.

      1. 1.1.1

        I certainly agree that anything from WaPo has become automatically suspect (and one simply cannot know what has been left out).

        That being said, I did provide the caveat of “As WaPo goes.”

        When I read media (any media), I evaluate the content as well as the context (use and type of words, scope of views covered, and the like — as well as gauge these things against my already well-developed world understanding).

        In the present article, the WaPo author does not appear to be pushing a desired conclusion — a refreshing change from the usual pre-ordained heavy-handed tactics.

        1. 1.1.1.1

          “my already well-developed world understanding”

          And you are only nine years old! Very impressive.

        1. 1.1.2.1

          Meh, it is hardly a “conspiracy theory” to see WaPo’s blatant political bent.

          They really are — for most all intents and purposes — nothing more than a propaganda rag.

        2. 1.1.2.2

          IamI: really? Conspiracy theory? Like the laptop is fake, Covid-19 couldn’t have come from the lab, and Trump is a Russian agent.

          Like those? And journalist like Taibbi openly say that there is little difference between the WaPo and Russian state TV.

          1. 1.1.2.2.1

            IamI: but after being wrong over and over again, I guess your cult has told you what to say for the next round of BS to win the 2024 election. Tell us how all Rs are evil.

              1. 1.1.2.2.1.1.3

                What is the lifetime of most “conspiracy theories” before they become proven true? A few months?

        3. 1.1.2.3

          The modern difference between a “conspiracy theory” (as declared by the Left) and accepted and undeniable truth is three to six months.

          1. 1.1.2.3.1

            +1

            (don’t forget the gaslighting after the truth comes out — See any number of recent posts by Greg)

            1. 1.1.2.3.2.1

              Thanks Night Writer,

              The link is the same as above, and while I can see merit, I do not adhere to the full premise provided (stepping away from religion is the cause of inanity of the Far Left).

              First, the walking away from Truth and “making it” to be Right Wing is nothing more than the Sprint Left meme in action.

              Second, the Sprint Left is in fact a form of religion in itself (Man IS God).

              This is a reflection of the gnosticism that underlies both Hegel and Marx (and thus is at root of the neo-Marxism and other adjectives that my own link to you explains in finer detail).

        1. 1.1.3.1

          Not sure that your ‘just saying’ is at all pertinent to the issue here (the issue being that the ‘reporting’ from WaPo is NOT in fact merely “in depth,” but instead is highly suspect due to its adhering to pre-determined narratives.

          It is just not a matter of “love it or h@ te it” as it is critical to understand that the source cannot be trusted. To put emotion into the result of their work without understanding the critical context of HOW they operate is to let emotions eliminate reason.

          And this applies to BOTH ends of the emotional reaction.

          No thank you.

        2. 1.1.3.2

          “Love it or hate it WaPo is in depth reporting in DC”

          No – the WaPo is shameless about making things up, and they pad their fiction with statements like “experts say,” “people familiar with the issue say,” etc.

          Exactly two Pulitzers have been stripped due to false reporting. Both from the WaPo. It would be to embarrassing if the WaPo were stripped of a third Pulitzer for the fake Trump-Russian collusion b.s.

          1. 1.1.3.2.1

            “It is being reported… ‘ (by them).

            My favorite is “someone close to the issue says…” Like physically close?

            “Democracy Dies in Darkness” is meant as an instruction not a warning.

    2. 1.3

      Is it I, or has Judge Moore seemed to change after becoming Chief Judge? Some people cannot handle power.

      1. 1.3.1

        Without direct knowledge, but going off of a discussion with someone with extensive firsthand knowledge, the ascension to Chief Judge is not the cause — she was every bit the wreck before being made Chief.

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