SCOTUS Petitioner Says Newman’s Absence from the CAFC Deprived It of a Fair Shot in Eligibility Case

A recent petition to the U.S. Supreme Court urges the Justices to take up the question of whether Judge Pauline Newman’s effective removal from the court by her peers is constitutional. It further questions “whether such an act undermines the impartiality and integrity of patent appeals adjudication by depriving the patent owner of a fair hearing before a duly constituted appellate panel?”

… Newman’s counsel, the New Civil Liberties Alliance (NCLA), which is not a party in the Supreme Court appeal, issued a statement today saying that Miller Mendel “is right in declaring that Judge Newman’s unlawful exclusion from case panels has harmed Americans bringing cases to the Federal Circuit.”

NCLA Senior Litigation Counsel Greg Dolin added: “We are glad that the bar is beginning to recognize what we have been saying for the last year and a half—Judge Newman’s suspension has effectively removed her from office and is flatly unconstitutional.”

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October 23, 2024

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Originally Published in IPWatchdog