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CAFC Makeup: May 16, 2013

Below is an updated chart of the CAFC judges and whether they are patent attorneys or have a technical background.  In my opinion and based on the latest rulings out of the CAFC all the Judges on this court should have a technical degree and be patent attorneys.  Presently only four of the judges are patent attorneys and only five of the judges have a technical background.  This is down from five judges being patent attorneys in 2010 and in April of 2011.  Clearly neither Congress or the Obama administration have put a very high priority on the quality of judges at the CAFC.

Judge Patent Attorney Technical Background
Rader No No
Newman Yes Yes – Ph.D
Mayer* No No
Plager* No No
Lorie Yes Yes – Ph.D
Clevenger* No No
Schall* No No
Bryson No No
Linn Yes Yes – BEE
Dyk No No
Prost No Yes – BS
Moore Yes Yes – MSEE
O’Malley No No
Reyna No No
Wallach No No

* Senior status.


The following additional information was provided by stepback.

PAULINE NEWMAN, Circuit Judge: … She served as patent attorney and house counsel of FMC Corp. from 1954 to 1969 and as research scientist, American Cyanamid Co. from 1951 to 1954. Judge Newman received a B.A. from Vassar College in 1947, an M.A. from Columbia University in 1948, a Ph.D. from Yale University in 1952 and an LL.B. from New York University School of Law in 1958.  From  Not surprisingly I have often believed Judge Newman is the most intelligent judge on the CAFC.

KIMBERLY A. MOORE, Circuit Judge: … was an Associate at Kirkland & Ellis from 1994 to 1995. From 1988 to 1992, Judge Moore was employed in electrical engineering with the Naval Surface Warfare Center. Judge Moore received her B.S.E.E. in 1990, M.S. in 1991, both from the Massachusetts Institute of Technology, and her J.D. (cum laude) from the Georgetown University Law Center in 1994.

RICHARD LINN, Circuit Judge: … was a Partner and Practice Group Leader at the Washington, DC law firm of Foley and Lardner from 1997 to 1999. He was a Partner and head of the intellectual property department at Marks and Murase, L.L.P. from 1977 to 1997. Judge Linn served as Patent Advisor, United States Naval Air Systems Command from 1971 to 1972, was a Patent Agent at the United States Naval Research Laboratory from 1968 to 1969, and served as a Patent Examiner at the United States Patent Office from 1965 to 1968 … He received a B.E.E. from Rensselaer Polytechnic Institute in 1965, and a J.D. from Georgetown University Law Center in 1969.


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