Linked by Thom Holwerda on Sun 30th Sep 2012 22:01 UTC
"No institution is more responsible for the recent explosion of patent litigation in the software industry, the rise of patent trolls, and the proliferation of patent thickets than the United States Court of Appeals for the Federal Circuit. The patent court's thirtieth birthday this week is a good time to ask whether it was a mistake to give the nation's most patent-friendly appeals court such broad authority over the patent system." Interesting.
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Member since:2009-06-20
Member since:2007-02-18
Member since:2005-09-21
When I read the article, I came away with the understanding that rogue in this context is referring to the fact that the Federal Circuit Court's opinions are in variance with the Supreme Court and other appeal courts, not based on a variance with business interests. They basically undermined precedent set by the Supreme Court, hence the rogue label.
Member since:2007-02-18
When I read the article, I came away with the understanding that rogue in this context is referring to the fact that the Federal Circuit Court's opinions are in variance with the Supreme Court and other appeal courts, not based on a variance with business interests. They basically undermined precedent set by the Supreme Court, hence the rogue label.
The Ultra-Supreme Court of Business Interests is a much higher power than the regular Supreme Court, don't you know? Some say it's even powered by God.
Member since:2005-09-08
They are systematically ignoring supreme court decision and established law (the US law used to be very clear that abstract ideas and thus software could not be patented, and this had been tested in the supreme court before this lower court unilaterally decided it was legal, no written law was ever changed).
So they are indeed rogue..
Edited 2012-10-01 17:02 UTC
Member since:2007-02-18
They are systematically ignoring supreme court decision and established law (the US law used to be very clear that abstract ideas and thus software could not be patented, and this had been tested in the supreme court before this lower court unilaterally decided it was legal, no written law was ever changed).
So they are indeed rogue..
So they are indeed rogue..
Don't you see, that only proves the Supreme Court is itself rogue and full of activist judges and wanting to destroy the American way of life!*
* The American Way of Life - buttsex with a corporation for no compensation and no rights.
Member since:2007-08-22
Rogue implies rebellion, independence, guerillas, Luke Skywalker, X Wings...
No, the appeals court were very much in lock step with the interests of established big businesses. They may as well have built their own that's-no-moon with a two metre wide weak spot.
No, the appeals court were very much in lock step with the interests of established big businesses. They may as well have built their own that's-no-moon with a two metre wide weak spot.
It is rogue in that it is suppose to follow the precedents set by SCOTUS, and they have even blatantly ignored SCOTUS - including one of their own calling out the rest of the judges on doing so.
If they don't follow the law - written, unwritten (e.g. common law), and judicial precedent - then they in fact rogue.
Member since:
2007-02-18
Rogue implies rebellion, independence, guerillas, Luke Skywalker, X Wings...
No, the appeals court were very much in lock step with the interests of established big businesses. They may as well have built their own that's-no-moon with a two metre wide weak spot.