marjac, has to be a responsibility of professional integrity clause on the ability of a judge to perform their duties. As someone presiding over a court wouldn't "mental" capacities to perform ones duties be of the utmost importance? I mean, would you want a surgeon performing surgery on you if you knew he just lost a child and was an emotional wreck? All sorts of legal ramifications on this aspect of one's mental state while performing their job. Heck, there are legal ramifications and defenses set up based on what one's mental state of mind are in relation to their actions I would say. I'll leave the technicalities to your more legal mind. All I know is, I agree, unseemly or not, it is a legitimate concern on her state of mind when ruling, or forming the basis for that ruling. She could have been in "a fog" for months on end trying to function properly and putting on her "game" face every day. Who knows? Someone does. Her clerks, family, someone knows what her frame of mind was during all this.
I mean, here is a fighter (see link) that went "into a dark state of mind" after the death of his step-daughter, and is just now 6 to 8 months later returning to the ring. Makes one wonder if Du was in a "dark state of mind" during the AMRN patent trial. How did it affect her? Did it make her less diligent in the performance of her duties? If so, then unseemly or not, this needs looked into. There are several stages one goes through when grieving. What stage was she in when ruling on AMRN case?
Marjac...I have read the judicial conduct or disability complaint against a federal judge. There has to be evidence that there was misconduct..in my opinion the results of her opinion have nothing at all to do with misconduct. As I posted last week the consequences of Roe were devastating in regards to life ( I'm not trying to open a can of worms). The appeal process can remedy her errors and as have been reported by Markman and other non bias experts I have read not read anything that suggest her decision was so out of bounds. There is a system for such complaints as you say and just with our views that something could be amiss with AMRN in there handling of there decisions evidence at the end of the day is the critical mover. You are a very thoughtful and thorough attorney and I deeply trust and respect your views I want you to know that...feelings that she was more than just wrong in her decision have to be trumped by evidence.
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