Federal Circuit Nomination Update

As the U.S. Senate continues its glacial pace on judicial nominations, Jimmie Reyna’s nomination finally cleared the Judiciary Committee last week.  He still requires a confirmation vote by the full Senate before he can take a seat on the court.  Five and a half months from nomination to Committee vote isn’t too bad.

Meanwhile, Edward DuMont’s nomination continues to languish at the Committee.  Although nominated last April, he has yet to receive a confirmation hearing.  One news source on lesbian, gay, bisexual, and transgender news has begun to speculate that the hold-up might be due to Mr. DuMont’s sexual orientation.  There are apparently no openly gay Federal judges.  The Committee has, however, scheduled a hearing for J. Paul Oetken who was nominated to the District Court in New York City.  Boths Messrs. DuMont and Oetken are openly gay.

Judiciary Committee Chair Sen. Patrick Leahy (D-NV) would only comment that Republicans are still reviewing information on Mr. DuMont.  Ranking Member Sen. Charles Grassley (R-IA) did not comment on the delay.

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One Response to “Federal Circuit Nomination Update”

  1. Copyright Litigation Says:

    Here is a similar story

    On February 23 2011 the Federal Circuit held invalid for lack of written description a patent owned by Johnson & Johnson’s subsidiary Centocor Ortho Biotech in an appeal from a judgment that Abbott’s product Humira (adalimumab), a fully human monoclonal antibody specific to tumour necrosis factor used to treat rheumatoid arthritis and some other autoimmune diseases, infringed the patent.(1)

    Centocor’s US Patent 7,070,775 was originally based on the discovery of murine and chimeric antibodies to TNF-α. The chimeric antibody was comprised of a murine variable region and human constant region, which made it less immunogenic than the murine antibody. However, because it still contained a murine variable region, it was more likely to elicit an immune response than a fully human antibody. Some eight years after the priority date, Centocor submitted claims to a fully human antibody.

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