(Rewrites throughout with outgoing chief judge's comments)
By Lawrence Hurley
WASHINGTON May 23 The top U.S. patent court's
chief judge stepped down from his leadership role on Friday,
admitting he had raised questions about his judicial ethics by
sending an email praising a lawyer who appears before the court.
Judge Randall Rader will remain on the U.S. Court of Appeals
for the Federal Circuit, but he will be replaced as chief judge
by Judge Sharon Prost at the end of May, the court said on its
Rader said in an open letter posted on the court website
that he had "engaged in conduct that crossed lines established
for the purposes of maintaining a judicial process whose
integrity must remain beyond question."
On Thursday, The Wall Street Journal first reported on an
email Rader sent to Edward Reines, a lawyer at law firm Weil
Gotshal & Manges, praising his work. Reines represents software
company Microsoft Corp and medical technology group
Medtronic Inc respectively, in two cases before the
court, according to the court's docket.
Rader later recused himself from the two cases as a result
of his email, a move made public via court orders. His role as
chief judge, which is a mainly administrative role, was due to
end in 2017.
Although Rader did not mention Reines by name in Friday's
letter, he wrote that he regretted sending an email that praised
an attorney who had argued before the court. The email
"constituted a breach of the ethical obligations not to lend the
prestige of the judicial office to advance the private interests
of others," Rader wrote.
Reines could not be reached for comment.
One of the cases was a patent appeal in which DataTern Inc
accused Microsoft and German rival SAP AG of patent
infringement. The case was decided by a three-judge panel
including Rader on April 4, partially in favor of Microsoft and
SAP. Rader wrote a dissenting opinion.
On May 5, the court reissued its decision, but excluded
Rader's dissent, noting he had been recused from the case.
Rader also recused himself from a patent dispute between
Medtronic and rival Edwards Lifesciences Corp.
The federal circuit, which has exclusive jurisdiction over
patent appeals, has become increasingly important in recent
years due to high-stakes litigation over technology patents.
Rader was appointed to the court by President George H.W.
Bush in 1990 and became chief judge in 2010.
(Editing by Howard Goller, Kevin Drawbaugh and Grant McCool)