Evan Wallach

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Evan Wallach
Image of Evan Wallach

Nonpartisan

United States Court of Appeals for the Federal Circuit (senior status)
Tenure

2021 - Present

Years in position

3

Prior offices
United States Court of International Trade
United States Court of Appeals for the Federal Circuit

Education

Bachelor's

University of Arizona, 1973

Law

University of California, 1976

Personal
Birthplace
Superior, Ariz.

Evan Wallach is a federal judge on senior status with the United States Court of Appeals for the Federal Circuit. He was nominated to the Federal Circuit by President Barack Obama (D). Wallach assumed senior status on May 31, 2021.[1][2]

Previously, he was a judge on the United States Court of International Trade. Wallach joined that court in 1995 after being nominated by President Bill Clinton (D).[1]

Early life and education

Born in Superior, Arizona, Wallach was a sergeant in the United States Army from 1969 to 1971. Wallach earned a bachelor's degree from the University of Arizona in 1973 and received his J.D. from the University of California-Berkeley Boalt Hall School of Law in 1976. Wallach also obtained a LL.B. degree from Cambridge University in England in 1981.[1]

Professional career

  • 1976-1995: Attorney in private practice, Nevada
  • 1986-1987: General counsel and public policy advisor, U.S. Sen. Harry Reid
  • 1981-1982: Political Science Instructor, University of Nevada-Reno[1]

Judicial nominations and appointments

Federal Circuit

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Evan Wallach
Court: United States Court of Appeals for the Federal Circuit
Progress
Confirmed 103 days after nomination.
ApprovedANominated: July 28, 2011
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
ApprovedAHearing: September 7, 2011
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: November 6, 2011 
ApprovedAConfirmed: November 8, 2011
ApprovedAVote: 99-0

On July 28, 2011, Barack Obama nominated Wallach to fill the position vacated by Arthur Gajarsa on the United States Court of Appeals for the Federal Circuit.[3] Obama commented on Wallach's nomination, stating "Judge Wallach has distinguished himself throughout his legal career in both the public and private sectors. He possesses a keen intellect and a commitment to fairness and integrity that will serve him well as a judge on the Federal Circuit."[4] The American Bar Association rated him Unanimously Well Qualified.[5] Hearings on Wallach's nomination were held in the United States Senate Committee on the Judiciary on September 7, 2011, and his nomination was reported out of committee by U.S. Senator Patrick Leahy (D-Vt.), on October 6, 2011.[6] On November 8, 2011, the Senate confirmed Wallach's nomination by a vote of 99-0.[7]

Wallach assumed senior status on May 31, 2021.[2]

Court of International Trade

Wallach was nominated to the United States Court of International Trade by former President Bill Clinton on June 27, 1995, to a seat vacated by Edward Re when Re assumed senior status. The American Bar Association rated Wallach Substantial Majority Qualified, Minority Not Qualified for the nomination.[8] Hearings on Wallach's nomination were held in the Senate Judiciary Committee on July 18, 1995, and his nomination was reported out of committee by U.S. Senator Orrin Hatch (R-Utah) on August 3, 1995. Wallach was confirmed by the U.S. Senate on August 11, 1995, on a Senate voice vote and he received his commission on August 11, 1995.[1][9]

Noteworthy cases

SCOTUS vacates Federal Circuit ruling over patent definiteness (2014)
See also: United States Court of Appeals for the Federal Circuit (Nautilus v. Biosig Instruments)

On June 2, 2014, the U.S. Supreme Court vacated the judgment of a three-judge panel of the Federal Circuit. Judge Evan Wallach issued the opinion of the panel in the case.

Biosig Instruments held a patent for a heart rate monitor used on exercise equipment. Biosig sued Nautilus, which manufactures their own exercise equipment with a heart monitor, for patent infringement. Nautilus moved for summary judgment on two issues: whether there was infringement and whether the patent was invalid due to its vagueness. The district court granted summary judgment to Nautilus on the grounds that the patent was vague. A three-judge panel of the Federal Circuit, in an opinion by Judge Evan Wallach, reversed the district court. The circuit panel held that "a patent claim could only be considered legally indefinite when it is 'insolubly ambiguous,' or not possible for a person of ordinary skill in the area to understand and resolve."

Writing for a unanimous U.S. Supreme Court, Justice Ruth Bader Ginsburg vacated the circuit court's decision, holding that a patent was sufficiently definite "when the patent taken as a whole which includes the patent application, the U.S. Patent and Trademark Office's response, and any amendments made by the applicant informs those learned in the relevant field of the scope of the invention with reasonable certainty."[10][11]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Federal Judicial Center, "Wallach, Evan Jonathan," accessed June 1, 2021
  2. ↑ 2.0 2.1 United States Court of Appeals for the Federal Circuit, "Circuit Judge Wallach to Assume Senior Status on May 31, 2021," March 16, 2021
  3. ↑ The White House, "Presidential Nominations Sent to the Senate," July 28, 2011
  4. ↑ The White House, "President Obama Nominates Judge Evan Jonathan Wallach to the United States Court of Appeals for the Federal Circuit," July 28, 2011
  5. ↑ American Bar Association, "Ratings of Article III judicial nominees," accessed May 24, 2016
  6. ↑ Senate Judiciary Committee, "112th Congress Nomination Materials," accessed September 9, 2011
  7. ↑ United States Congress, "PN 856 - Evan Jonathan Wallach - The Judiciary," accessed May 24, 2016
  8. ↑ American Bar Association, "Ratings of Article III judicial nominees, 104th Congress," accessed May 24, 2016
  9. ↑ United States Congress, "PN 479 - Evan J. Wallach - The Judiciary," accessed May 24, 2016
  10. ↑ Supreme Court of the United States, Nautilus, Inc. v. Biosig Instruments, Inc., June 2, 2014
  11. ↑ Oyez.org, "Nautilus, Inc. v. Biosig Instruments, Inc.," accessed October 11, 2017
Political offices
Preceded by:
Arthur Gajarsa 		Court of Appeals for Federal Circuit
2011–2021 		Succeeded by:
Tiffany Cunningham


Political offices
Preceded by:
Edward Re 		Court of International Trade
1995-2011 		Succeeded by:
Claire R. Kelly




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