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Howard Thomas Markey

U.S. Court of Appeals for the Federal Circuit circuit Retired 1991 · served 1982–1991 Appointed by Richard M. Nixon (Republican) 30 signed orders read

Judge Markey no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Markey decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Writing for the en banc court, Markey reversed a finding of inequitable conduct and tightened the intent showing required to hold a patent unenforceable.

“We reverse and remand.”

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Procedural preferences

Markey treated patent validity and infringement as distinct questions, resolving each on its own terms rather than as a single package.

“We vacate in respect of validity and reverse in respect of infringement.”

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Cautions

Markey readily imposed sanctions on parties who pursued frivolous appeals, affirming below and penalizing the appeal itself.

“We affirm the order appealed from and impose sanctions.”

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Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Mac Corp. of America v. Williams Patent Crusher & Pulverizer Co.
· 1985-07-08
Appeal (appellant) Denied

“AFFIRMED.”

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Korody-Colyer Corp. v. General Motors Corp.
· 1985-05-02
Appeal (appellant) Denied

“AFFIRMED.”

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Miller & Company v. United States
· 1987-07-29
Appeal (appellant) Denied

“AFFIRMED.”

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Armco Inc. v. United States
· 1985-05-02
Appeal (appellant) Denied

“AFFIRMED.”

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Lowa, Ltd. v. United States
· 1984-01-04
Appeal (appellant) Denied

“AFFIRMED.”

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Nature's Farm Products, Inc. v. United States
· 1987-06-02
Appeal (appellant) Denied

“AFFIRMED.”

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United States v. Rush (d/b/a Rush Engineers)
· 1986-10-10
Appeal (appellant) Denied

“affirm.”

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Smith v. Office of Personnel Management
· 1985-04-19
Petition for review (petitioner) Denied

“AFFIRMED.”

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Sigma Instruments, Inc. v. United States
· 1983-12-21
Appeal (appellant) Denied

“AFFIRMED.”

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T.J. Smith and Nephew Ltd. v. Consolidated Medical Equipment, Inc.
· 1987-06-25
Appeal (appellant) Denied

“AFFIRMED.”

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Caterpillar Tractor Co. v. Berco, S.p.A.
· 1983-07-25
Appeal (appellant) Denied

“Affirmed.”

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Devices for Medicine, Inc. v. Boehl
· 1987-06-24
Appeal (appellant) Denied

“The rulings appealed from are affirmed in all respects.”

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Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Markey no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.

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