Kimberly Moore Nominated to Federal Circuit

The Senate unanimously confirmed GMU Professor Kimberly Moore to the Federal Circuit. At 38, she will be one of the youngest appellate judge currently serving (the youngest judge appointed to a U.S. court of appeals was William Howard Taft, who was 34 when he was commissioned a judge of the Sixth Circuit court of appeals on March 17, 1892.)

While not registered as a patent attorney, judge Moore has experience as an electrical engineer while working at the Naval Surface Warfare Center, and was a clerk to the Honorable Glenn L. Archer Jr., chief judge of the United States Court of Appeals for the Federal Circuit. She holds a B.S. in electrical engineering and an M.S., both from Massachusetts Institute of Technology, and earned her J.D. at Georgetown University Law Center.

Many practitioners remember her article, coauthored with professor Lemley, titled “Ending Abuse of Patent Continuations” that was recently cited by the USPTO as justification for proposing changes to continuation practice. Judge Moore has also cowritten a textbook titled "Patent Litigation & Strategy" with Judge Michel and Raphael Lupo, and is the author of numerous other articles on intellectual property topics.

Many commentators have welcomed the addition of Moore to the bench, and understandably so, given her broad experience and keen intellect (see Patently-O, Volokh Conspiracy). However, at least one commentator has his reservations (see Promote the Progress).