On September 23rd, the Senate Judiciary Committee approved the nomination of Judge Kathleen O’Malley (N.D. Ohio) to fill a vacancy on the Federal Circuit. Judge O’Malley has handled significant IP litigation and is married to veteran Covington patent litigator George Pappas. Like many district court judges, she has been quoted as calling the Markman decision a “Pandora’s Box,” which Cybor left propped open. She would clearly have preferred the Fed. Cir. to give district court judges’ claim interpretations greater (or any) deference. Judge O’Malley graduated from Kenyon College and Case Western Reserve Law School with lots of honors. Of course, any Senator can put a hold on her nomination and block a vote on confirmation, but this sort of appointment does not seem to be that tempting a target for GOP strategists. Let’s hope not, anyway.
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This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.