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Timothy Dyk
2000 - Present
25
Timothy B. Dyk is a federal judge on the United States Court of Appeals for the Federal Circuit. He joined the court in 2000 after being nominated by President Bill Clinton.
Early life and education
Born in Boston, Massachusetts, Dyk graduated from Harvard University with his bachelor's degree in 1958, and later graduated from Harvard Law School with his J.D. in 1961.[1]
Professional career
- 2000 - Present: Judge, United States Court of Appeals for the Federal Circuit
- 1964-2000: Private practice, Washington, D.C.
- 1989: Lecturer, Yale Law School
- 1989: Lecturer, Georgetown University Law Center
- 1987-1988: Visiting professor and lecturer, University of Virginia School of Law
- 1986-1987: Lecturer, Yale Law School
- 1986: Lecturer, Georgetown University Law Center
- 1984-1985: Visiting professor and lecturer, University of Virginia School of Law
- 1983: Lecturer, Georgetown University Law Center
- 1963-1964: Special assistant to the assistant attorney general, Tax Division, U.S. Department of Justice
- 1962-1963: Law clerk, Hon. Earl Warren, Chief Justice, Supreme Court of the United States
- 1961-1962: Law clerk, Hon. Stanley Reed and Hon. Harold Burton, Supreme Court of the United States[1]
Judicial career
Federal Circuit Court of Appeals
 |
| Nominee Information |
| Name: Timothy B. Dyk |
| Court: United States Court of Appeals for the Federal Circuit |
| Progress |
| Confirmed 784 days after nomination. |
 Nominated: April 1, 1998
|
| ABA Rating: Unanimously Qualified
|
| Questionnaire: |
| Hearing: July 16, 1998
|
| QFRs: (Hover over QFRs to read more) |
| Reported: October 21, 1999 September 15, 1998
|
| Confirmed: May 24, 2000
|
| Vote: 74-25
|
 Returned: October 21, 1998
|
Judge Dyk was first nominated to the United States Court of Appeals for the Federal Circuit by President Bill Clinton on April 1, 1998, to a seat vacated by Glenn Archer. The American Bar Association rated Dyk Unanimously Qualified for the nomination.[2] Hearings on Dyk's nomination were held in the United States Senate Committee on the Judiciary on July 16, 1998, and Dyk's nomination was reported by U.S. Senator Orrin Hatch (R-Utah) on September 15, 1998. On October 21, 1998, Dyk's nomination was returned to President Clinton under Senate Rule XXXI, paragraph 6 of the Senate's standing rules.[3] On January 26, 1999, President Clinton resubmitted Dyk's nomination to the Senate. On October 21, 1999, Senator Hatch again reported Dyk's nomination to the full Senate. On May 24, 2000, the U.S. Senate confirmed Dyk by a vote of 74-25.[4]
Noteworthy cases
SCOTUS reverses Federal Circuit ruling on patent exhaustion (2017)
On May 30, 2017, the U.S. Supreme Court reversed the judgment of the United States Court of Appeals for the Federal Circuit in Impression Products v. Lexmark. In the case, the Federal Circuit, sitting en banc, held that two of the court's own precedents governed in the area of domestic and international patent exhaustion.
Writing in dissent, Judge Timothy Dyk felt that neither of the circuit court's precedents were considered good law. He wrote, "I agree with the government that Mallinckrodt was wrong when decided, and in any event cannot be reconciled with the Supreme Court’s recent decision in Quanta Computer, Inc. v. LG Electronics, Inc., 553 U.S. 617 (2008). We exceed our role as a subordinate court by declining to follow the explicit domestic exhaustion rule announced by the Supreme Court. Second, I would retain Jazz Photo insofar as it holds that a foreign sale does not in all circumstances lead to exhaustion of United States patent rights. But, in my view, a foreign sale does result in exhaustion if an authorized seller has not explicitly reserved the United States patent rights."[5]
Chief Justice John G. Roberts reversed the Federal Circuit's ruling, largely in agreement with Judge Dyk's view, in holding that a patentee's decision to sell a product exhausted all of the patentee's rights to that item regardless of any provisions or stipulations the patentee may impose on the buyer. This holding applied to items sold both domestically and internationally.[6]
See also
External links
Footnotes
- ↑ 1.0 1.1 Federal Judicial Center, "Biographical directory of federal judges," accessed October 29, 2015
- ↑ American Bar Association, "Ratings of Article III judicial nominees," accessed May 24, 2016
- ↑ United States Congress, "PN 1010 - Timothy B. Dyk - The Judiciary," accessed May 24, 2016
- ↑ United States Congress, "PN 36 - Timothy B. Dyk - The Judiciary," accessed May 24, 2016
- ↑ U.S. Court of Appeals for the Federal Circuit, Lexmark International, Inc. v. Impression Products, Inc., filed February 12, 2016
- ↑ Supreme Court of the United States, Impression Products v. Lexmark, decided May 30, 2017
| Political offices | ||
|---|---|---|
| Preceded by - |
United States Court of Appeals for the Federal Circuit 2000-Present |
Succeeded by - |
| |||
|---|---|---|---|
| Active judges |
Chief Judge: Kimberly Moore • Leonard Stark • Sharon Prost • Pauline Newman • Alan Lourie • Timothy Dyk • Jimmie V. Reyna • Richard Gary Taranto • Raymond Chen • Todd Hughes • Kara Farnandez Stoll • Tiffany Cunningham | ||
| Senior judges |
Alvin Schall • Haldane Mayer • Richard Linn • William Bryson • S. Jay Plager • Raymond Clevenger • Evan Wallach • | ||
| Former judges | Kathleen M. O'Malley • Paul Michel • Randall Rader • Arthur Gajarsa • Daniel Friedman • Glenn Archer • James Almond • Jean Bissell • Phillip Baldwin • Marion Bennett • Arnold Cowen • Oscar Davis • Shiro Kashiwa • Don Laramore • Howard Markey • Jack Miller • Philip Nichols • Helen Nies • Giles Rich • Byron Skelton • Edward Samuel Smith • | ||
| Former Chief judges |
Paul Michel • Sharon Prost • Haldane Mayer • Glenn Archer • Howard Markey • Helen Nies • | ||
