Howard Thomas Markey
Encyclopedia
Howard Thomas Markey was an American
jurist who served as the first chief judge of the United States Court of Appeals for the Federal Circuit
. He is often credited with establishing that court's renown and competence in intellectual property
law. Judge Markey also is known for being the only person to have served (as a sitting judge or by designation) as a judge on all of the United States federal appellate courts. With the abolition of the Court of Customs and Patent Appeals, Judge Markey's achievement cannot be repeated.
as a test pilot
, flying P-38s and P-59 jets in extreme cold-weather. He left the army in 1946 as a major, and became a lieutenant colonel
in the U.S. Air Force Reserve. Markey subsequently earned his undergraduate degree and a J.D.
in an accelerated one-year program at Loyola University Chicago School of Law
in 1949, and an LL.M. in patent law in 1950 from John Marshall Law School
. He returned to active military service in the Korean War
, in which he served as a planner of the Korean Airlift
.
Markey returned to Chicago following the war, specializing his private legal practice in patent law and other areas of intellectual property. He remained in the Air Force Reserve, and served as commander of the Illinois Air National Guard
and as deputy commander of the Reserve's Tactical Air Command
. Markey retired from the Air Force Reserve in 1976 as a major general
, having received the Distinguished Service Medal
, the Legion of Merit
and the Distinguished Flying Cross
.
He was a lecturer at Loyola University School of Law from 1971 to 1972.
Markey was nominated by President
Richard Nixon
in 1972 to succeed Francis Eugene Worley as chief judge of the U.S. Court of Customs and Patent Appeals
. Markey was confirmed by the United States Senate
, receiving his commission on June 22, 1972. On October 1, 1982, that court was merged with the appellate division of the federal Court of Claims to establish the Federal Circuit
. Markey was reassigned to the Federal Circuit by operation of law
, and continued to serve as chief judge of the new court until 1991. During his tenure on both courts, and while sitting by designation in the regional circuits, Markey is estimated to have participated in more than 6,400 cases, and to have written over 1,000 opinions. Following his retirement from the bench, Markey served as the dean
of John Marshall Law School, from 1991 until 1994.
In 1997, Congress
renamed the Federal Circuit's Washington, D.C.
headquarters the Howard T. Markey National Courts Building
. Congressman Henry Hyde
(R-IL
), then-chair of the House Judiciary Committee, said that Markey's efforts had established the Federal Circuit as "the world's most respected and followed court on matters of intellectual property."
, died on May 3, 2006 in a nursing home
in Hinsdale, Illinois
where he lived his last years. He is said to have asked the nursing home staff to call him "judge" and "general" on alternate days. Markey was buried at Arlington National Cemetery
.
His wife of 52 years, Elizabeth Pelletier Markey, died in 1994. They had three sons: Thomas, who died in infancy, Christopher and Jeffrey; and a daughter, Jennifer.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurist who served as the first chief judge of the United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
. He is often credited with establishing that court's renown and competence in intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
law. Judge Markey also is known for being the only person to have served (as a sitting judge or by designation) as a judge on all of the United States federal appellate courts. With the abolition of the Court of Customs and Patent Appeals, Judge Markey's achievement cannot be repeated.
Early life, military and legal career
Markey was born in Chicago, Illinois to Thomas Joseph and Vera Marie (Dryden) Markey. He served in the U.S. Army Air Forces during World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
as a test pilot
Test pilot
A test pilot is an aviator who flies new and modified aircraft in specific maneuvers, known as flight test techniques or FTTs, allowing the results to be measured and the design to be evaluated....
, flying P-38s and P-59 jets in extreme cold-weather. He left the army in 1946 as a major, and became a lieutenant colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
in the U.S. Air Force Reserve. Markey subsequently earned his undergraduate degree and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
in an accelerated one-year program at Loyola University Chicago School of Law
Loyola University Chicago School of Law
Loyola University Chicago School of Law is the law school of the Loyola University Chicago, in Illinois. Established in 1909, by the Society of Jesus, the Roman Catholic order of the Jesuits, the School of Law is located in downtown Chicago, within walking distance of the Water Tower , the John...
in 1949, and an LL.M. in patent law in 1950 from John Marshall Law School
John Marshall Law School (Chicago)
The John Marshall Law School is a law school in Chicago, Illinois, that was founded in 1899 and accredited by the American Bar Association in 1941. The school was named for the influential nineteenth century U.S. Supreme Court Chief Justice John Marshall....
. He returned to active military service in the Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...
, in which he served as a planner of the Korean Airlift
Korean Airlift
Korean Airlift was a military operations of the Korean War by the USAF and other airforces participating in the United Nations mission during the Korean War.Began in 1950 under the command of Major General William H...
.
Markey returned to Chicago following the war, specializing his private legal practice in patent law and other areas of intellectual property. He remained in the Air Force Reserve, and served as commander of the Illinois Air National Guard
Illinois Air National Guard
The Illinois Air National Guard is the air force militia of the U.S. state of Illinois. It is, along with the Illinois Army National Guard, an element of the Illinois National Guard...
and as deputy commander of the Reserve's Tactical Air Command
Tactical Air Command
Tactical Air Command is an inactive United States Air Force organization. It was a Major Command of the United States Air Force, established on 21 March 1946 being headquartered at Langley Air Force Base, Virginia...
. Markey retired from the Air Force Reserve in 1976 as a major general
Major General
Major general or major-general is a military rank used in many countries. It is derived from the older rank of sergeant major general. A major general is a high-ranking officer, normally subordinate to the rank of lieutenant general and senior to the ranks of brigadier and brigadier general...
, having received the Distinguished Service Medal
Distinguished Service Medal (United States)
The Distinguished Service Medal is the highest non-valorous military and civilian decoration of the United States military which is issued for exceptionally meritorious service to the government of the United States in either a senior government service position or as a senior officer of the United...
, the Legion of Merit
Legion of Merit
The Legion of Merit is a military decoration of the United States armed forces that is awarded for exceptionally meritorious conduct in the performance of outstanding services and achievements...
and the Distinguished Flying Cross
Distinguished Flying Cross (United States)
The Distinguished Flying Cross is a medal awarded to any officer or enlisted member of the United States armed forces who distinguishes himself or herself in support of operations by "heroism or extraordinary achievement while participating in an aerial flight, subsequent to November 11, 1918." The...
.
He was a lecturer at Loyola University School of Law from 1971 to 1972.
Federal judicial service
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
in 1972 to succeed Francis Eugene Worley as chief judge of the U.S. Court of Customs and Patent Appeals
United States Court of Customs and Patent Appeals
The United States Court of Customs and Patent Appeals is a former United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes.-History:...
. Markey was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, receiving his commission on June 22, 1972. On October 1, 1982, that court was merged with the appellate division of the federal Court of Claims to establish the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
. Markey was reassigned to the Federal Circuit by operation of law
Operation of law
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies without a will, his heirs are determined by operation...
, and continued to serve as chief judge of the new court until 1991. During his tenure on both courts, and while sitting by designation in the regional circuits, Markey is estimated to have participated in more than 6,400 cases, and to have written over 1,000 opinions. Following his retirement from the bench, Markey served as the dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
of John Marshall Law School, from 1991 until 1994.
In 1997, Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
renamed the Federal Circuit's Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
headquarters the Howard T. Markey National Courts Building
Howard T. Markey National Courts Building
The Howard T. Markey National Courts Building is a courthouse in Washington, D.C., which houses the United States Court of Federal Claims and the United States Court of Appeals for the Federal Circuit...
. Congressman Henry Hyde
Henry Hyde
Henry John Hyde , an American politician, was a Republican member of the United States House of Representatives from 1975 to 2007, representing the 6th District of Illinois, an area of Chicago's northwestern suburbs which included O'Hare International Airport...
(R-IL
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
), then-chair of the House Judiciary Committee, said that Markey's efforts had established the Federal Circuit as "the world's most respected and followed court on matters of intellectual property."
Retirement and death
Markey, who suffered from Parkinson's DiseaseParkinson's disease
Parkinson's disease is a degenerative disorder of the central nervous system...
, died on May 3, 2006 in a nursing home
Nursing home
A nursing home, convalescent home, skilled nursing unit , care home, rest home, or old people's home provides a type of care of residents: it is a place of residence for people who require constant nursing care and have significant deficiencies with activities of daily living...
in Hinsdale, Illinois
Hinsdale, Illinois
Hinsdale is a suburb of Chicago, Illinois; it is located partly in Cook County and mainly in DuPage County in the U.S. state of Illinois. The population was 17,349 at the 2000 census. The town's ZIP code is 60521. The town has a rolling, wooded topography, with a quaint downtown and is a 30-minute...
where he lived his last years. He is said to have asked the nursing home staff to call him "judge" and "general" on alternate days. Markey was buried at Arlington National Cemetery
Arlington National Cemetery
Arlington National Cemetery in Arlington County, Virginia, is a military cemetery in the United States of America, established during the American Civil War on the grounds of Arlington House, formerly the estate of the family of Confederate general Robert E. Lee's wife Mary Anna Lee, a great...
.
His wife of 52 years, Elizabeth Pelletier Markey, died in 1994. They had three sons: Thomas, who died in infancy, Christopher and Jeffrey; and a daughter, Jennifer.