Obama nominates Lucy Koh for Ninth U.S. Circuit Court of Appeals in San Francisco

“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


  1. Let’s not be biased here. First off, this judge is probably eminently qualified for the position. Second, overall she has tried to give all parties a fair hearing in her court. Third, just because at times she has not always ruled or even said things that are the most pro-Apple, doesn’t mean she is unqualified or somehow lacking.

    I love Apple, the company, the products. In general, I side with the company in its legal battles. But I am not so naive as to expect Apple to be perfect or to argue its cases in a perfect manner. Let’s also face it: if you legal counsel does argue your case zealously, there will probably be times that the judge smacks that legal counsel down. That’s the way the game is played.

    The President cannot choose court nominees based on who is most pro-Apple or pro any company.

    1. A judge who somehow perceived that Apple was violating antitrust laws at a time when Amazon (major Obama contributor) monopolized e-books does not seem, on the surface “eminently qualified”: eminently ideological, perhaps.

        1. Actually, Koh is the Judge who recognizes that the law on IP is far more complicated than anyone who posts on here realizes, and who ruled according to that law – rulings that have so far mainly been affirmed on appeal. MDN and the fanatics here want to blame her for that law – law that many people think is outdated and not equipped to handle modern patent cases. But her job is to apply the law as written – not to be an activist judge who tries to make new laws. That’s Congress’ job.

          Most lawyers who live in the IP world in this part of the country think she is an excellent judge – hard but fair. She is also recognized as being very intelligent and as having a good understanding of the very technical arguments those lawyers make.

  2. They cleared out Apples “win” to a loss. They invalidated all Apple patents. Now they get ready for when Apple takes the FBI overreach to the Supreme Court. Expect a lot more pain to come Apples way. They will fine Apple to bankruptcy.

    1. Not if Tim and Apple take off and move their headquarters to the free and civilized world. As long as they remain in that cesspool of a nation, though, that so called government will be directing a lot of pain to Apple. Apples wants to empower people and it goes that they are a threat to anyone who wishes to usurp the power of the wee people.

  3. Keep sticking it to Apple at your own peril President Obama, Apple is and has always been the underdog that fights the good fight.

    You’ve let a lot of your supporters down and only strenghtened accusations that you’re trying to compensate for you mistakes in leadership.

    Instant Karma gonna get you.

  4. I just told my senators to not approve Koh as well as to not punish Apple for standing up for the people’s 4th Amendment rights. It seems that the Congress is backwards by giving the National Security Police State Appartus more 4th Amendment rights than peolpe.

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