The White House today announced that Judge Kathleen (Kate) O’Malley (N.D.Ohio) is the nominee to fill the empty judgeship position on the twelve-member Court of Appeals for the Federal Circuit. The position was previously filled by Judge Schall. Chief Judge Michel has announced that he will retire this Spring. The Senate is expected to confirm Judge O’Malley without significant opposition.
Judge O’Malley wrote an interesting dissent while sitting by designation in Ormco Corp. v. Align Technology. In the dissent, Judge O’Malley argued that the majority had unreasonably applied the doctrine of prosecution disclaimer - writing that "prosecution disclaimer requires a patentee to clearly and unmistakably disavow certain interpretations, and I find no such disavowal here."
The following is the Whitehouse press release:
- O’Malley is married to Covington patent litigator George Pappas.
- Excerpts of a 2004 CWRU Panel Discussion with Judge O'Malley.
- Note: Judge Kate O’Malley should not be confused with Judge Katie O’Malley who is a judge in Baltimore and also married to the Governor of Maryland.