Dennis Crouch reports on Patently-O that Prof. Kimberly Moore has been nominated for the vacant seat on the Court of Appeals for the Federal Circuit, the federal appeals court with exclusive jurisdiction over appeals in patent cases (and a few other areas of jurisdiction as well). If affirmed (and there's no reason to expect she won't be) Ms. Moore would be the second woman to serve on the court, which was established by Congress in 1983. (The first woman is Judge Pauline Newman, an alum of my alma mater.)
I agree with Dennis Crouch that Prof. Moore is an excellent choice. She is a professor of patent law and has therefore already given a great deal of thought to the normative issues that the court must consider in its decisions. In an era in which the CAFC is constantly criticized for cavalier activism in shaping patent law, Prof. Moore will add a thoughtful, considered voice to the court's deliberations. She knows her stuff.
I worked with Prof. Moore once; at my old firm we engaged her as a patent prosecution expert and she conducted for us a fascinating analysis of certain Patent Office statistics. I wish I could say more about it, but the case settled before we disclosed any of her analysis and I'd feel more comfortable keeping it confidential. Still, I'm excited that someone I worked with and respected has received this nomination, and I congratulate Prof. Moore, and look forward to her tenure on the court.
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