Federal Circuit's Kathleen O'Malley to Retire Next Year, Handing Biden 2nd Pick
O'Malley is the only judge in the court's 38-year history to have served previously as a district court judge. Some IP litigators are hopeful that President Biden will take that into account when choosing a successor.
July 28, 2021 at 06:14 PM
4 minute read
Judges
Judge Kathleen O'Malley, U.S. Court of Appeals for the Federal Circuit. Courtesy photo
The U.S. Court of Appeals for the Federal Circuit will lose its first and so far only former federal district court judge next year.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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