“Lucy Koh, a federal judge in San Jose who has refereed Silicon Valley wars over patents and employment, was nominated Thursday by President Obama to the Ninth U.S. Circuit Court of Appeals in San Francisco, a nomination with an uncertain future because of a partisan standoff over judicial appointments,” Bob Egelko reports for The San Francisco Gate.

“Koh, 47, a former federal prosecutor, was nominated to the U.S. District Court by Obama in 2010 and confirmed 90-0 by the Senate,” Egelko reports. “She became the nation’s second-ever Korean American federal judge and would be the second of Korean ancestry on an appeals court if confirmed to the Ninth Circuit… She is married to state Supreme Court Justice Mariano-Florentino Cuéllar.”

“But the climate for Obama’s nominees has grown chillier as his term nears an end. Senate Republican leaders have refused to consider anyone the president chooses to succeed the late Supreme Court Justice Antonin Scalia,” Egelko reports. “And the Republican-controlled Senate confirmed only one appeals court judge last year and another one last month, leaving numerous seats unfilled. Republicans have been particularly critical of the Ninth Circuit, one of the nation’s more liberal appeals courts.”

Read more in the full article here.

MacDailyNews Take: Failing upwards.

This nomination makes no sense unless Obama’s smoking crack.

Senate confirmation hearings for Koh should move no quicker than her most notable trial, Apple v. Samsung.

Appellate court rules judge Lucy Koh abused right of discretion by allowing Samsung to sell phones that infringed Apple patents – September 18, 2015
Up to 40 percent of Apple’s $930 million verdict against Samsung must be reconsidered – May 18, 2015
US appeals court reverses part of Apple’s $930 million verdict vs. Samsung – May 18, 2015
Judge Lucy Koh denies US sales ban of Samsung’s patent-infringing products sought by Apple – March 6, 2014
Before iPhone, Google’s plan was a Java button phone, Android docs reveal – April 14, 2014
How Google reacted when Steve Jobs revealed the revolutionary iPhone – December 19, 2013
Apple alleges Judge Lucy Koh made $85 million error in damages order vis-à-vis two patent infringing Samsung phones – March 27, 2013
Judge Lucy Koh slashes jury award in Apple v. Samsung case from $1.03 billion to $599 million – March 1, 2013
What phones looked like before and after Apple’s revolutionary iPhone transformed the industry – February 8, 2012
Apple appeals Judge Lucy Koh’s refusal to bar Samsung’s patent infringing smartphones from U.S. market – December 20, 2012
Apple v. Samsung: Did neophyte judge Lucy Koh ‘crack’ under pressure? – August 21, 2012
Judge Lucy Koh asks Apple’s attorneys if they’re ‘smoking crack’ – August 16, 2012