On April 23, 2015, the Senate Judiciary Committee held an Executive Business Meeting of the Full Committee. On the agenda were three judicial nominations, including the nomination of Kara Stoll to the United States Court of Appeals for the Federal Circuit. Stoll was nominated to serve on the Federal Circuit by President Barack Obama on November 12, 2014.
At the same time Stoll was appointed to the Federal Circuit, President Obama simultaneously appointed Judge Luis Felipe Restrepo of the United States District Judge in the Eastern District of Pennsylvania to serve on the United States Court of Appeals for the Third Circuit. “These individuals have displayed exceptional dedication to the legal profession through their work, and I am honored to nominate them to serve the American people as judges on the United States Courts of Appeals,” President Obama said, speaking of the nominations of both Stoll and Restrepo. “They will be diligent, judicious and esteemed additions to the bench.”
In a unanimous vote, the Senate Judiciary Committee approved the Stoll nomination, which now moves on to the full Senate. If confirmed, Stoll would take the vacant spot created by the retirement of Judge Randall Rader. Although nominated at the same time as Stoll for the Third Circuit, no action has been taken on the Restrepo nomination by the Senate Judiciary Committee.
Prior to her confirmation hearing in the Senate Judiciary Committee, Senators submitted questions in writing to Stoll. One particular question from Senator Ted Cruz (R-TX) was interesting for several reasons. First, it was interesting because it was actually relevant. (Many of the questions submitted had to do with clearly irrelevant topics for a Federal Circuit Judge, such as Roe v. Wade or the Whistleblower Protection Act.) Second, it was interesting because it simply asked her to explain her judicial philosophy. In response, Stoll wrote:
I would characterize my judicial philosophy as respect for the rule of law and the limited role of an appellate court. A judge should be unbiased and faithfully apply the rule of law embodied in the Constitution, statutes, and precedent to the facts of a case without regard to the identity of the parties. A judge should not substitute his or her own views for that of Congress or governing precedent. In addition, an appellate judge must apply the appropriate standard of review when considering a lower court’s decision.
Stoll is currently a partner with Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. She has focused her practice on patent litigation appeals before the Federal Circuit, the court on which she has been nominated to serve. Stoll has represented clients in more than 35 appeals, covering a wide range of technologies and legal issues. In addition to her experience representing clients before the Federal Circuit, she has also represented clients in appeals to the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO).
Stoll is a “patent person” through and through, and she will be an excellent addition to the Federal Circuit. In addition to her wealth of appellate and litigation experience at Finnegan, she spent six years at the USPTO, serving first as a patent examiner in the area of computers and display technologies, then as a law clerk with the Solicitors Office and a law clerk the Board of Patent Appeals and Interferences (the predecessor to the PTAB). After leaving the USPTO, Stoll also clerked for Judge Alvin Schall of the Federal Circuit.
Stoll’s technical training is as an electrical engineer, with a degree from Michigan State University. Her law degree is from Georgetown University.
Kara Stoll is the sister-in-law of Robert Stoll, a partner at Drinker Biddle and former Commissioner for Patents at the USPTO.
Tags: CAFC, Federal Circuit, Judges, nominations, patent, patents
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