McDonnell Boehnen Hulbert & Berghoff LLP

This one was heart-rending, inspirational, and illuminating, with the subject being the circumstances and history surrounding her suspension (for two years now) from her duties and responsibilities on the Court. The subject of the speech was a heart-rending one, inspiring, and illuminating. It was about the circumstances and history surrounding her suspension from the Federal Circuit, which has been going on for two years. The Court’s schedule for early 2023 showed that the Judge would not be on any panels. The Judge, who had no reason to suspect that anything was amiss was about to happen, thought she was getting a break to catch up with her writing opinions for some cases on her docket. This presumption was shattered in early March 2023 when the Chief Judge visited the Judge in her chambers and told her to step down. The Chief Judge claimed that she was incompetent due to a heartattack and had been rendered disabled by her fainting in court hallways. Both incidents were a surprise for Judge Newman (they never occurred). The Chief Judge initiated proceedings to remove Judge Newman, and the Judicial Council recommended that Judge Newman’s Federal Circuit colleagues vote unanimously for his suspension. The Judge expressed surprise that this vote was unanimous. Judge Newman lost her suit in district court and has appealed. The Judge estimates that the appeal process will take several years to resolve. The Judge noted that she was 97 and acknowledged that the timetable for the appeal was not favorable. However, with characteristic spirit, she said that if the appeal is resolved within the next few years, we can all celebrate the centenary of her life (which statement received enthusiastic reception). The Judge said that her age is likely to be a factor in the relative disinterest of Members of Congress, and others who are sympathetic but haven’t taken any action for her. This history was used to provide a background to the current state of the Court and to Judge Newman’s concern that many of her colleagues and a large portion of the patent bar have been reluctant to speak out publicly on the merits of her suspension, even if they privately sympathize with her. Judge Newman suggested that this was due to fear – fear of repercussions by those who initiated and supported her suspension. (Analyzing this with the famous Nixon enemies’ list). She did not attribute personal animus to those involved, but rather a pragmatic explanation that her suspension was motivated by the desire to have a young jurist appointed to Court. She was aware that she often expressed her opinions in dissent and speculated that some of her colleagues would prefer not to be told that they were wrong, given the frequency of her doing so. Judge Newman, as always, was charming, engaging and on top of everything. She spoke without hesitation. Judge Newman was rightly recognized as “lion(esse)s” of the law. She extolled her commitment to the court and her former colleagues on the Federal Circuit. The squabbles of the last two years were regrettable, unseemly and misguided. It is hoped that good sense and rationality will prevail and Judge Newman will be reinstated to the bench, where she clearly belongs.

Story originally seen here