Randall Ray Rader

Randall Ray Rader is a former United States Circuit Judge who served on the United States Court of Appeals for the Federal Circuit from 1990 to 2014, including a tenure as Chief Judge from 2010 to 2014. Born in 1949, he was appointed to the Federal Circuit by President George H.W. Bush, a Republican, and confirmed by the Senate in August 1990. During his judicial career, Rader became known for his work in patent law and intellectual property, teaching at multiple law schools and co-authoring widely used legal textbooks in the field. His service concluded in 2014 following his resignation as Chief Judge and subsequent retirement from the bench.

Early life and legal career

Randall Ray Rader was born on April 21, 1949, in Hastings, Nebraska. He pursued his undergraduate education at Brigham Young University, where he earned a Bachelor of Arts degree in English in 1974. He then attended the George Washington University Law School in Washington, D.C., receiving his Juris Doctor in 1978.

Rader's professional career began in the legislative branch of the federal government, where he held various staff positions in the United States House of Representatives starting in 1975. His initial role was as a legislative assistant to Representative Virginia D. Smith, a position he held from 1975 to 1978 while completing his law degree. Following his graduation from law school, he transitioned to serving as counsel to Representative Philip Crane. From 1978 to 1981, Rader also served as legislative director of the House Committee on Ways and Means, one of the most influential committees in Congress with jurisdiction over taxation and other fiscal matters.

In 1980, Rader moved to the United States Senate, where he served as counsel to the Senate Committee on the Judiciary until 1988. During his tenure with the Judiciary Committee, he held significant responsibilities as Chief Counsel or Minority Chief Counsel for two important subcommittees: the Subcommittee on the Constitution and the Subcommittee on Patents, Trademarks, and Copyrights. This latter assignment gave him extensive experience in intellectual property law, which would become a defining feature of his subsequent judicial career. His nearly thirteen years of combined service in the House and Senate provided him with deep knowledge of the legislative process and substantive expertise in constitutional law and intellectual property matters.

In 1988, President Ronald Reagan, a Republican, appointed Rader to the United States Court of Federal Claims, where he succeeded Judge Robert M. M. Seto. The Senate confirmed this appointment by unanimous consent on August 11, 1988. This initial judicial appointment gave Rader experience on a specialized federal court that handles claims against the United States government, further preparing him for service on another specialized appellate tribunal.

Federal appellate service

Rader's service on the Court of Federal Claims was brief. On June 12, 1990, President George H.W. Bush nominated him to a seat on the United States Court of Appeals for the Federal Circuit. This vacancy had been created by the departure of Judge Jean Galloway Bissell. The Senate confirmed Rader's nomination on August 3, 1990, and he received his commission on August 9, 1990, beginning a judicial tenure that would span nearly a quarter century.

The Federal Circuit is a specialized appellate court with nationwide jurisdiction over certain categories of cases, most notably patent appeals and other intellectual property matters, as well as appeals from the Court of Federal Claims and the Court of International Trade. Rader's background in intellectual property law from his Senate work made him particularly well-suited for this assignment.

Throughout his time on the Federal Circuit, Rader maintained an active presence in legal education. He served as a law professor at several prestigious institutions, teaching patent law and advanced intellectual property courses at the University of Virginia School of Law, Georgetown University Law Center, the George Washington University Law School, and the Munich Intellectual Property Law Center in Germany. This teaching work demonstrated his commitment to educating the next generation of intellectual property lawyers and sharing his expertise beyond the courtroom.

Rader also became a published author in the field of patent law. He co-authored a casebook on patent law that was adopted by more than sixty-five law schools across the United States, making it one of the most widely used instructional materials in the field. His publications included multiple editions of case materials and a nutshell guide to patent law, both co-authored with Martin J. Adelman and published by Thomson/West.

Beyond his judicial and academic work, Rader engaged extensively in international legal education and diplomacy. He led or participated in more than sixty delegations to foreign nations, typically focused on teaching rule of law principles or intellectual property concepts in developing countries. This international work reflected the global nature of intellectual property law and the importance of harmonizing legal standards across borders.

In recognition of his contributions, Rader received numerous honors during his career, including the J. William Fulbright Award for Distinguished Public Service in 2000, named for the senator who established the renowned international educational exchange program.

In 2010, Rader was elevated to Chief Judge of the Federal Circuit, succeeding Chief Judge Paul Redmond Michel upon his retirement. As Chief Judge, Rader assumed administrative responsibilities for the court while continuing his judicial duties. He also maintained his practice of speaking at law schools and international conferences, continuing his educational and diplomatic outreach.

On May 23, 2014, Rader announced his resignation as Chief Judge, effective May 30, 2014. He initially remained on the court as a circuit judge, and Judge Sharon Prost succeeded him as Chief Judge. However, less than a month later, on June 13, 2014, Rader announced his retirement from the court entirely, effective June 30, 2014. His resignation and retirement followed his acknowledgment that he had breached an ethical obligation. Specifically, Rader had sent a commendatory email about a member of the bar of the Federal Circuit and had requested that this individual show the email to other members of the bar. This conduct violated the ethical principle that judges should not lend the prestige of their judicial office to advance the private interests of others. Rader also recused himself from several cases over which he had presided due to the participation of the attorney in question.

Jurisprudence and legacy

Following his departure from the bench, Rader continued his involvement in intellectual property matters through various professional activities. He joined the Board of the International IP Commercialization Council, a global non-profit, non-governmental organization focused on intellectual property issues. He also became an advisor to the Mimura Komatsu Law Firm in Tokyo, Japan, extending his international work in the intellectual property field into the private sector.

Rader's judicial career spanned important developments in patent law and intellectual property jurisprudence during a period of rapid technological change. His nearly twenty-four years on the Federal Circuit, combined with his prior legislative experience in intellectual property matters, gave him a comprehensive perspective on the evolution of American patent law. His extensive teaching, writing, and international work contributed to the broader understanding and development of intellectual property law both domestically and internationally, even as his tenure concluded under circumstances involving an acknowledged ethical breach.