On October 5, the Senate Judiciary Committee considered the nomination of Judge Lucy Koh, currently of the U.S. Federal District for the Northern District of California, to an appointment by President Biden to the United States Court of Appeals for the Ninth Circuit. After that hearing, several Senators submitted written questions, which Judge Koh responded to last week. There is no indication that Judge Koh’s nomination to the Ninth Circuit is in jeopardy, but it is noteworthy, and at least somewhat unusual, numerous Senators asked Judge Koh virtually the same questions regarding her decision in FTC v. Qualcomm. This level of overlapping interest by multiple members of the Senate Judiciary Committee, which IPWatchdog.com has learned was not coordinated and developed organically, is normally reserved for nominees to the Supreme Court, and even then, typically reserved to social or constitutional issues. So, even though it is believed Judge Koh can and will easily receive a favorable confirmation vote, the questions relating to the intersection of antitrust and patent law demonstrate a keen awareness and interest in these issues on the Senate Judiciary Committee.
Recent Posts
- IPWatchdog LIVE 2023 Recap: Video of Judge Newman’s Powerful Remarks and What Sets the LIVE Meeting Apart
- New USPTO Paneling Guidance for TTAB and PTAB Requires Disclosure of Financial Interests Regardless of Dollar Value
- Implementer Arguments at the USPTO Public Listening Session on Standards Ignore Business Realities
- A ‘Disgraceful and Insulting’ Decision: Judicial Council Officially Suspends Newman for One Year, Claiming ‘Serious Misconduct’
- Vidal Stresses Importance of Transparency and Integrity in Agency Decision-Making on Final Day of IPWatchdog LIVE