Pauline Newman
Encyclopedia
Pauline Newman is a judge on the United States Court of Appeals for the Federal Circuit
.
in 1947, an M.A. from Columbia University
in 1948, a Ph.D. in chemistry
from Yale University
in 1952 and an LL.B. from New York University School of Law
in 1958. She worked as a research scientist for American Cyanamid
from 1951 to 1954. From 1954 to 1984, Newman worked for FMC Corp.
, for fifteen years (1954-1969) as a patent
attorney and in-house counsel, and for another fifteen years (1969-1984) as director of the Patent, Trademark and Licensing Department.
From 1961 to 1962 Newman also worked for the United Nations Educational, Scientific and Cultural Organization (UNESCO
) as a science policy specialist in the Department of Natural Resources. She served on the State Department Advisory Committee on International Intellectual Property from 1974 to 1984 and on the advisory committee to the Domestic Policy Review of Industrial Innovation from 1978 to 1979. From 1982 to 1984, she was Special Adviser to the United States Delegation to the Diplomatic Conference on the Revision of the Paris Convention for the Protection of Industrial Property
. Over her career, Newman has received honors including the Wilbur Cross
Medal of Yale University Graduate School, and the Award for Outstanding Contributions to International Cooperation from the Pacific Industrial Property Association.
Newman was nominated to the Federal Circuit by President Ronald Reagan
on January 30, 1984, to a seat vacated by the decision of Philip Nichols, Jr. to take senior status
. She was confirmed by the United States Senate
on February 27, 1984, and received her commission the following day. Newman thus became the first judge appointed directly to the Federal Circuit, all of her predecessors having come to the court through the merger of the Court of Customs and Patent Appeals and the appellate division of the United States Court of Federal Claims
.
exceeded its authority when it considered a claim of obviousness
in the reexamination
of a patent previously held by the examiner not to be obvious with respect to the references cited. In Intergraph Corporation v. Intel Corporation she highlighted the right of a patent owner to refuse to license, even to a party that has become completely dependent on the patent. In Jazz Photo Corp. v. United States International Trade Commission
, she clarified the law of repair and reconstruction (permitting the owner of a patented item to fix the item when it breaks, but not to essentially build a new item from the parts of an old one), writing that it was not a patent infringement for one party to restore another party's patented "one-use" camera to be used a second time.
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
.
Biography
Born in New York, New York, Newman received a B.A. from Vassar CollegeVassar College
Vassar College is a private, coeducational liberal arts college in the town of Poughkeepsie, New York, in the United States. The Vassar campus comprises over and more than 100 buildings, including four National Historic Landmarks, ranging in style from Collegiate Gothic to International,...
in 1947, an M.A. from Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
in 1948, a Ph.D. in chemistry
Chemistry
Chemistry is the science of matter, especially its chemical reactions, but also its composition, structure and properties. Chemistry is concerned with atoms and their interactions with other atoms, and particularly with the properties of chemical bonds....
from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
in 1952 and an LL.B. from New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
in 1958. She worked as a research scientist for American Cyanamid
American Cyanamid
American Cyanamid was a large, diversified, American chemical manufacturer, founded by Frank Washburn in 1907. It was the only United States firm manufacturing the polio vaccine of the Sabin type....
from 1951 to 1954. From 1954 to 1984, Newman worked for FMC Corp.
FMC Corp.
FMC Corporation is a chemical manufacturing company headquartered in Philadelphia, Pennsylvania. FMC employs over 4,800 people world wide, and had gross revenues of US$3.115 billion in 2008.-The Bean Spray Pump Company:...
, for fifteen years (1954-1969) as a patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
attorney and in-house counsel, and for another fifteen years (1969-1984) as director of the Patent, Trademark and Licensing Department.
From 1961 to 1962 Newman also worked for the United Nations Educational, Scientific and Cultural Organization (UNESCO
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...
) as a science policy specialist in the Department of Natural Resources. She served on the State Department Advisory Committee on International Intellectual Property from 1974 to 1984 and on the advisory committee to the Domestic Policy Review of Industrial Innovation from 1978 to 1979. From 1982 to 1984, she was Special Adviser to the United States Delegation to the Diplomatic Conference on the Revision of the Paris Convention for the Protection of Industrial Property
Paris Convention for the Protection of Industrial Property
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property...
. Over her career, Newman has received honors including the Wilbur Cross
Wilbur Lucius Cross
Wilbur Lucius Cross, Ph. D. was an American educator and political figure who was the 71st Governor of Connecticut for eight years.-Biography:Born in 1862 in Mansfield, Connecticut, Cross graduated from Yale University Wilbur Lucius Cross, Ph. D. (April 10, 1862 – October 5, 1948) was an American...
Medal of Yale University Graduate School, and the Award for Outstanding Contributions to International Cooperation from the Pacific Industrial Property Association.
Newman was nominated to the Federal Circuit by President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
on January 30, 1984, to a seat vacated by the decision of Philip Nichols, Jr. to take senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. She was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on February 27, 1984, and received her commission the following day. Newman thus became the first judge appointed directly to the Federal Circuit, all of her predecessors having come to the court through the merger of the Court of Customs and Patent Appeals and the appellate division of the United States Court of Federal Claims
United States Court of Federal Claims
The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. The court is established pursuant to Congress's authority under Article One of the United States Constitution...
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Jurisprudence
Newman has authored a number of important opinions setting forth the law of patents in the United States. In Arrhythmia Research Technology, Inc. v. Corazonix Corp., she wrote an opinion for the panel finding that the use of an algorithm as a step in a process did not render the process unpatentable. In In re Recreative Technologies Corp., she wrote the opinion finding that the Board of Patent Appeals and InterferencesBoard of Patent Appeals and Interferences
The Board of Patent Appeals and Interferences is an administrative law body of the United States Patent and Trademark Office , which decides issues of patentability. The Chief Administrative Patent Judge is James Donald Smith.-Structure:...
exceeded its authority when it considered a claim of obviousness
Inventive step and non-obviousness
The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented....
in the reexamination
Reexamination
In United States patent law, a reexamination is a process whereby a third party or inventor can have a patent reexamined by a patent examiner to verify that the subject matter it claims is patentable...
of a patent previously held by the examiner not to be obvious with respect to the references cited. In Intergraph Corporation v. Intel Corporation she highlighted the right of a patent owner to refuse to license, even to a party that has become completely dependent on the patent. In Jazz Photo Corp. v. United States International Trade Commission
Jazz Photo Corp. v. United States International Trade Commission
Jazz Photo Corp. v. United States International Trade Commission, 264 F. 3d 1094 , was a case in which the United States Court of Appeals for the Federal Circuit clarified the law of repair and reconstruction , holding that it was...
, she clarified the law of repair and reconstruction (permitting the owner of a patented item to fix the item when it breaks, but not to essentially build a new item from the parts of an old one), writing that it was not a patent infringement for one party to restore another party's patented "one-use" camera to be used a second time.