As Federal Circuit Judge Pauline Newman nears her 40th anniversary on the bench, she continues to concentrate her efforts on patent law amidst allegations suggesting she may be unfit for duty. Despite battling a one-year suspension issued by the US Court of Appeals for the Federal Circuit’s Judicial Council in September, the ambitious 96-year-old judge remains dedicated to her work.
Judge Newman argues that the health investigation into her competency was unconstitutionally flawed, stating that the Chief Judge Kimberly A. Moore should have transferred the inquiry to a distinct circuit court. Newman has also protested against being denied new case assignments during both the investigation and her appeal of the suspension issued.
Despite the controversy and a lack of a full complement of law clerks, Newman continues to work from her chambers part-time each week. In an interview in her chambers, she appeared physically capable and discussed her current projects. Particularly, she is delving into the nuances of Section 101 of the Patent Act, which dictates the eligibility of inventions for protection.
Pushbacks from her colleagues started when Newman refrained from a cognitive testing arranged by the court following a few alleged instances that raised concerns. However, Newman is still a public figure, frequently sharing her thoughts on legal questions and engaging in public debates at conferences. Recently, she has advocated for a broad reform of the American Invents Act.
During an interview, Newman emphasized her colleagues’ efforts to oblige her to undergo cognitive tests. She made it clear that she had already sought examinations from two physicians of her choice, both attesting to her sound mind and body. However, this did not satisfy the council’s requests, leading to the dispute’s escalation.
Judge Newman has taken a firm stance and followed the example of Ohio federal Judge John R. Adams by refusing to submit to court-arranged testing. Adams encountered a similar predicament after he was mandated to undergo a psychiatric evaluation and managed to continue working throughout the six-year process. Moreover, Newman has also filed a lawsuit in the US District Court for the District of Columbia, where she seeks immediate reinstatement and alleges the current process against her is unconstitutional.
Notably, Newman has gained a reputation for frequently siding with patent owners more so than her fellow Federal Circuit judges, as noted in her numerous dissents. She highlighted that a misunderstanding of commerce and its operations is looming over the ongoing arguments concerning patent laws, which she takes as her impetus to persist in her service. In her words, “That’s why I don’t quit and why I haven’t taken the senior status I’ve been pressed to take.”
The ongoing legal battle between Newman and her colleagues continues, with the underlying question of her fitness for the bench at the heart of the issue. Ultimately, time and potentially the District Court are expected to decide the outcome of this contentious situation.