#6: Obama Nominates Attorneys to US Court of Appeals for the Federal Circuit

Yesterday we talked a lot about which courts deal with most patent cases. Interestingly enough, Obama nominated two attorneys to the US Court of Appeals for the Federal Circuit which is the nation’s top patent litigation court. Raymond Chen, a lawyer that has worked at the US Patent and Trademark Office since 1998, and Todd Hughes, who has worked in commercial litigation at the Department since 1994, may soon make vital decisions especially in the Smartphone lawsuits.

Chen has often supported the USPTO in important cases, such as In re Bilksi. Nominating a patent office insider will be good for patent system supporters but bad for those who wish to reform the system. However, Chen sounds like he would be very well suited for the position. He earned his B.S. in electrical engineering from UCLA, his J.D from NYU and therefore has gained much experience in patent prosecutions for electronics and new technology.

Hughes has recently received much media attention because if his nomination is confirmed he will become the first openly gay federal appeals court judge in the U.S. history. However, I am much more interested in his background and how he may lean in important patent litigation. He received his B.A from Harvard, and earned an M.A. and J.D. from Duke. In his practice he has focused a lot on veteran benefits, government personnel law, international trade, and government contracts. He is definitely more of a “wild card.”

Although these are just nominations, these individuals may soon make decisions that could effect the big firms as well as smaller firms and individuals. I feel like Chen, will probably end up being the judge that protects the inventor. While, Hughes may fluctuate in his views. He brings international perspective into the court so this could make for some interesting news to come.