Kathleen M. O'Malley
|Judge of the United States Court of Appeals for the Federal Circuit|
December 27, 2010
|Appointed by||Barack Obama|
|Preceded by||Alvin Schall|
|Judge of the United States District Court for the Northern District of Ohio|
October 12, 1994 – December 27, 2010
|Appointed by||Bill Clinton|
|Preceded by||John Potter|
|Succeeded by||Seat abolished|
|Born||1956 (age 59–60)
Drexel Hill, Pennsylvania, U.S.
|Alma mater||Kenyon College
Case Western Reserve University
Kathleen McDonald O'Malley (born 1956) is a United States federal judge of the United States Court of Appeals for the Federal Circuit.
Early life and education
Born in Drexel Hill, Pennsylvania, O'Malley received a double A.B. from Kenyon College in Gambier, Ohio in 1979, graduating magna cum laude and Phi Beta Kappa. Her majors were honors history and economics; she graduated in both with distinction. She received a J.D. degree from Case Western Reserve University School of Law, Order of the Coif, in 1982, where she served on Law Review and was a member of the National Mock Trial Team.
She was a law clerk to Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit from 1982 to 1983. She was in private practice in Columbus, Ohio from 1983 to 1991, first with at Jones, Day, Reavis and Pogue, until 1985, and then with Porter, Wright, Morris & Arthur, where she became a partner, with an emphasis was on complex corporate and commercial litigations, including intellectual property, securities fraud, trade secrets, shareholder's rights and large-scale coverage disputes. She was chief counsel to the Ohio Attorney General's Office from 1991 to 1993, where she was responsible, under the direction of the Attorney General, for the overall functioning and management of all divisions of the Attorney General's Office, including litigation, law enforcement, legislative activities, policy initiatives and the human resources and administrative aspects of the office. From 1993 to 1994, she was Chief Counsel to the Attorney General, overseeing the work of the office's 350 attorneys and acting as Counsel of Record in the state's more sensitive and complex legal battles.
Federal judicial service
Service on district court
On September 20, 1994, O'Malley was nominated by President Bill Clinton to a seat on the United States District Court for the Northern District of Ohio vacated by John William Potter. She was confirmed by the United States Senate on October 7, 1994, and received her commission on October 12, 1994. Her service was terminated upon her elevation to the Federal Circuit.
Service on court of appeals
On March 10, 2010, President Barack Obama nominated O'Malley for elevation to a seat on the United States Court of Appeals for the Federal Circuit. She was confirmed by the United States Senate on December 22, 2010. She received her commission on December 27, 2010.
Oracle v. Google
On May 9, 2014, the Court of Appeals for the Federal Circuit decided the case of Oracle v. Google (authored by Judge O'Malley). The case raised the question of whether the Java API was eligible for copyright protection. The Federal Circuit reversed a lower court finding for Google by concluding that the API was eligible for protection. The Supreme Court denied review of the case at the recommendation of the Solicitor General.
- Kathleen M. O'Malley at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
|Judge of the United States District Court for the Northern District of Ohio
|Judge of the United States Court of Appeals for the Federal Circuit