Fed Circuit confirms Newman misconduct probe

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Fed Circuit confirms Newman misconduct probe

Court of Appeals Federal Circuit Lafayette Park Washington DC
The Court of Appeals for the Federal Circuit in Washington DC

Circuit Judge Pauline Newman is ‘slow’ to issue opinions and has refused to cooperate with a complaint over her performance, the court confirmed on Friday

Pauline Newman, a judge at the US Court of Appeals for the Federal Circuit, is facing a judicial complaint over her alleged inability to carry out her functions and a refusal to cooperate, the court confirmed on Friday, April 14.

Newman, who is 95, allegedly takes longer than average to issue opinions, and longer than is allowed under court rules to vote for other judges’ opinions, despite her working with a reduced caseload.

The complaint, first reported by IPWatchdog and made under the Judicial Conduct and Disability Act, alleged Newman either had a disability or had engaged in misconduct. The court’s judicial council confirmed the news on Friday.

On Thursday, April 13, Chief Judge Kimberly Moore ordered an expanded investigation into Newman’s alleged refusal to cooperate with an earlier complaint.

According to the order, Newman stated she “was not interested in receiving any documents” related to the complaint and instructed her mailroom staff not to accept them.

Judge Pauline Newman
Pauline Newman

In the original complaint, issued on March 24, Moore found that Newman took much longer to issue opinions than her fellow judges despite having had a reduced caseload since 2022 due to health concerns.

From October 2021 to March 2023, Newman took an average of 199 days to issue opinions compared to a court average of 60 days, Moore found.

Newman also frequently took 30 days or more to vote on colleagues’ opinions, despite a court-imposed deadline of five business days.

In March, Newman allegedly rejected Moore’s suggestion that she take senior status, which would have meant partial retirement.

Responding to that suggestion, Newman allegedly claimed that she was the “only person who cared about the patent system and innovation policy”.

Moore said she was also aware of complaints that Newman had allowed one of her law clerks to “exhibit unprofessional and inappropriate behaviour”.

The order did not include any further detail on the alleged inappropriate behaviour by one of Newman’s law clerks.

Managing IP named Newman as one of the most influential people in IP in 2018.

more from across site and SHARED ros bottom lb

More from across our site

After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
Gift this article