A Circuit Ripe For A Remake
Professor Mark A. Lemley is quoted in a Law.com article about vacancies for as many as half of the 12 judges on the U.S. Court of Appeals for the Federal Circuit. He is also mentioned as a potential nominee for one of the positions:
The fate of high-stakes legal battles over intellectual property law is the prize for those in the early jockeying to fill looming vacancies for as many as half of the 12 judges on the U.S. Court of Appeals for the Federal Circuit.
"The fallout of the Bilski decision [whether software or business methods are patentable] raises a host of unanswered questions that will take a decade for the courts to figure out," said Mark Lemley, an intellectual property (IP) professor at Stanford Law School. He is often mentioned as a candidate for the circuit but would say only, "I'm flattered. It is an interesting job to consider, but it is all speculation at this point."
Among academics specializing in patents, potential candidates include Lemley of Stanford, who advised the Obama campaign on IP issues; Merges of Berkeley; and Arti K. Rai of Duke Law School, who also advised the Obama campaign on IP issues and who served on Obama's Patent and Trademark Office advisory committee. She declined to comment.