Judge Dyk Defends Today's Federal Circuit

Clause 8

Federal Circuit Judge Timothy Dyk discusses his memoir and provides priceless insights into how the Federal Circuit is operating today - 42 years after it was created in 1982 and 24 years after Dyk was confirmed to serve on it in 2000.

This episode explores Dyk's perspectives on judges serving together at the Federal Circuit. His reflections and anecdotes offer a unique glimpse into the workings of the Federal Circuit, the decision-making process of a seasoned appellate judge, and various debates surrounding the Federal Circuit and judges retiring.

Dyk was nominated to the Federal Circuit in 1998 by President Bill Clinton after clerking for Earl Warren at the Supreme Court and a distinguished career as an appellate attorney at the law firms of Wilmer Cutler and Jones Day.

Selected Topics:

* First introduction to patent law: office linoleum floors & yacht named Pat Pending

* Role of chief judges setting court dynamics

* Collegiality, dissents, and importance of individual personalities & relationships among judges

* Judge Dyk's process for considering cases before oral arguments

* Dyk’s defense of Rule 36 decisions and insights into other Federal Circuit practices

* Panel dependency & skepticism of empirical scholarship related to judicial decisions

* Former clerks arguing cases before judges they clerked for

* Providing additional jurisdiction to Federal Circuit

* Cameras in federal courtrooms & privacy in intra-court deliberations

* Judicial retirement decisions and importance of humility

* Advice for effective oral and written advocacy before the Federal Circuit, including for amicus briefs

Notable, Quotable:

Biggest challenge

"I think the biggest challenge for any Federal Circuit Judge in patent cases in particular is is dealing with the technology . . . getting the help that you need to understand the technology. It’s really hard. And we need help from the bar, we need help from our clerks, and we need to be willing to spend a lot of time to wade through it."

Role of collegiality

"Collegiality makes for better decision making, first of all. And second of all, it makes it a nicer place to be. You get along with your colleagues. The job is a lot better."

Qualities of best written briefs

"A brief that is candid about what's going on, that recognizes that there's another side to it, that's nothing shrill, that's statesman like, that's objective. Those are the qualities that we value most."

On Judge Pauline Newman

“I always enjoyed sitting with Judge Newman. I enjoyed having Judge Newman as a colleague and occasionally we did panels together. I remember we went to NYU and presented ourselves as being close colleagues even though we disagreed a lot of the time. Judge Newman was a terrific colleague, and I enjoyed being her friend.”

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