A version of Greene’s story appeared in The National Law Journal and a version of Graham’s in The Recorder, both affiliates of Corporate Counsel.
Jimmie Reyna joined the court six
months after O’Malley, and has been
even more vocal in dissent than she
has, issuing at least 18 so far. “He is the
dissenter,” says Emory’s Holbrook. “He’s
got his own particular perspective, and
he’s willing to express it, though he does
Reyna was an international trade
attorney , and he’s been active on cases
from the International Trade Commission.
“But,” says Perkins Coie’s Bagatell, “he’s
also taken a real interest” in patent law.
Evan Wallach also has served as a lower
court judge. He spent 16 years at the
Court of International Trade before being
elevated to the Federal Circuit in 2011.
So far, the 64-year-old Wallach has
THE APPELLATE SPECIALIST
penned only a handful of patent law deci-
sions, including one on indefiniteness that
the Supreme Court will review this term.
But Wallach has frequently joined his col-
leagues’ calls for en banc review of circuit
precedents. He joined O’Malley’s
pitch to leave malpractice cases that
involve patent claims to state courts.
Richard Taranto had the kind of practice
THE PTO SOLICITOR
most lawyers can only dream of. After
clerking for D. C. Circuit Judge Robert Bork
and serving three years in the solicitor
general’s office, he built a Supreme Court
practice at Farr & Taranto. As fate would
have it, one of his biggest wins came in a
patent case, Warner Jenkinson v. Hilton
Davis Chemical, which tightened the
doctrine of equivalents theory of patent
infringement. That led to a surge of work
before the Federal Circuit on behalf of cli-
ents such as Rambus and W.L. Gore.
Given that much of its docket comes
directly from the Patent and Trademark
Office, it’s surprising that no career
PTO lawyer has been appointed to the
Until now. Raymond Chen has spent
the last 15 years there, as assistant solici-
tor and then solicitor. “He is extremely
knowledgeable about the IP system,”
said former PTO director Kappos, who
describes many hours spent with Chen
mapping out strategy on issues such as
the patent eligibility of human DNA.
THE JUDGE FROM
The court’s newest judge, Todd Hughes,
adds two more types of diversity. Last fall
he became the first openly gay individual
appointed to the federal appellate bench.
And as a longtime litigator in the Justice
Department’s commercial litigation unit,
he brings the government’s perspective
to the Federal Circuit’s nonpatent docket,
which includes federal personnel law,
veterans benefits, international trade and
government contracts. Hughes began
at DOJ in 1994 as a trial attorney.