The U.S. Court of Appeals for the Federal Circuit will likely be getting its first district court judge — but it won’t be San Jose, Calif.’s Jeremy Fogel.

The Obama administration is zeroing in on Kathleen O’Malley, a judge from the Northern District of Ohio, for a spot on the court that hears all appeals in patent cases, according to three people familiar with the situation. The American Bar Association has been vetting O’Malley, these people said, speaking on the condition of anonymity because the process isn’t public.

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