EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

06.20.14

The Corrupt Court Which Brought Software Patents to the United States is in a State of Crisis, Should be Disbanded

Posted in Law, Patents at 6:21 am by Dr. Roy Schestowitz

Randall R. Rader: The corrupt judge who ran CAFC until the scandal which ultimately led to his resignation

Randall R. Rader
Photo from Reuters

Summary: The Court of Appeals for the Federal Circuit (CAFC) is in trouble after its extent of misconduct was revealed, not just because rulings are repeatedly incorrect but also because its chiefs are corrupt (in bed with patent lawyers)

The United States should gradually if not instantaneously revoke CAFC’s power amid revelations of misconduct and errors. CAFC almost always gets its rulings wrong, based on the judgment of courts above it, notably SCOTUS. Perhaps it’s time to just shut shut down the CAFC. The disgrace which is ‘judge’ Rader has finally stepped down, so there’s no better time to end CAFC. He had conflicts of interest and did great damage to patent policy. He encouraged the perception of corruption in the courtroom. Rader was just one of several because not a single judge ruled incorrectly on cases that involve patents. Rader is raider, taking away from programmers and giving to monopolies and their patent lawyers. Ars Technica wrote about his “ethical breach”:

US Circuit Judge Randall Rader, who was just weeks ago the top patent judge in the nation, has announced he will step down, following an admission that he made an ethical “lapse” when he sent an e-mail praising an attorney who appears frequently before his court.

From 2010 until two weeks ago, Rader served as Chief Judge on the US Court of Appeals for the Federal Circuit, which hears all patent appeals and interprets most of the nation’s patent laws. The Washington, DC-based court is frequently the final arbiter in some of the highest-stakes technology battles in the world.

Here is more from the corporate press, which said: “The ex-chief judge of the top U.S. patent court will retire at the end of June, after acknowledging that an email he sent raised questions about his judicial ethics because it praised an attorney who appears before the court.”

Shut it down. Now is the time. This court has been the target of a coup and it cannot restore trust.

There’s no lack of stories about the harms of software patents. Here is the recent report titled “Divorcees Brawl Over Time Warner-Acquired Software Patents” and alluding in part to software patents, here is an article which speaks of a “Nightmare”. An Australian lawyers’ Web site seems to be turning its back on software patents not because they’re not something that patent lawyers want but because they have apparently become less profitable (harder to uphold in Australia). To quote: “A new unfavourable examination practice by the Australian Patent Office for software patents precipitated two separate appeals to the Federal Court of Australia, which resulted in the two decisions Research Affiliates LLC v Commissioner of Patents [2013] FCA 71 (“Research Affiliates”), and RPL Central Pty Ltd v Commissioner of Patents [2013] FCA 871 (“RPL”). The two decisions are, on the face of it, contradictory. The patent office favours Research Affiliates, which imposes strict limits on the patentability of software. RPL does not impose the strict limits of Research Affiliates. Both decisions have been appealed to the Full Court.”

In the US, patent policy is written by corporations and their lobbyists or moles (companies like Microsoft and IBM). Until not so long ago an IBM lawyer who is a software patents proponent controlled the USPTO (that’s David Kappos). He ensured that the USPTO sought only to increase its own income (and patent lawyers’) by expanding scope and in his new article in the plutocrats’ press (Forbes) he pretends that it’s about prosperity for the US economy. This is complete nonsense. It’s the very opposite of the truth, unless by “American economy” Kappos means “the 1%” (of which he is a part).

If the USPTO cannot be abolished, then its facilitator (a corruptible court like CAFC which let it patent software) should be eliminated, leaving the SCOTUS to make baby steps towards the solution (or towards justice, which SCOTUS is not exactly famous for, either).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. SCOTUS Decision Affects Not Only Patent Trolls

    Unified Patents -- not just Lex Machina -- claims a sharp drop in patent lawsuits and patent boosters try to characterise this as a trend pertaining to patent trolls even though it is about software patents, irrespective of the nature of their 'holder'



  2. How to Complain About the EPO to National Delegations in Europe: Part IX

    Contact details for national delegations to whom complaints can and should be made regarding irregularities and bad behaviour at the European Patent Office (EPO)



  3. Microsoft Still Engages in Criminal Activities Against Linux, Openwashing Efforts Continue Nonetheless





  4. Microsoft Openwashing and Hatred of GNU/Linux

    Microsoft's outrageous claim that it really "loves" that which it is constantly attacking gets rejected by Free/Open Source software (FOSS) luminaries; the Microsoft-friendly media continues the charm offensive nonetheless



  5. Links 31/10/2014: Rubin Leaves Google, Neelie Kroes Ends EU Career

    Links for the day



  6. The EPO Is More Corrupt Under Battistelli Than Under Alison Brimelow: Part VIII

    After Brimelow, with all her flaws and her scandals, an even worse President is installed who then abolishes oversight and seemingly brings his old friends to the EPO, creating a sort of subculture that is impenetrable to outsiders



  7. Claiming That Microsoft 'Loves' Linux While Windows Update Bricks Devices With Linux

    The sheer absurdity of claims that Microsoft -- which not only attacks those who distribute Linux and GNU but also blackmails them, takes them to court, or bricks their products without any liability -- 'loves' Linux



  8. Protectionist Reign: Corporations in Complete Control of Everything With Domination Over Patent Law

    How multinational corporations, joined by the corporate press that they are funding, promote a corporations- but not people-friendly patent policy in north America



  9. Links 30/10/2014: GNOME 3.15.1, Red Hat Software Collections 1.2

    Links for the day



  10. Links 29/10/2014: Ubuntu Touch Tablet, Puppy Linux 6.0

    Links for the day



  11. Links 28/10/2014: SUSE Linux Enterprise 12, Canonical OpenStack Distro

    Links for the day



  12. Links 28/10/2014: PiFxOS, The Document Foundation in OSBA

    Links for the day



  13. Microsoft is Bricking Devices With Linux (Yet Again!), So a Microsoft Booster Spins/Paints Linux Devices as 'Fakes'

    Microsoft delivers rogue drivers through Windows Update and they brick Arduino microcontrollers



  14. How Bill Gates Continues to Pass Wealth From the Public to His Own Bank Account

    Having put a universal tax on many things (not just computers) and evaded tax using the classic 'charity' trick, Gates is now buying the media, the schools, politicians etc. and earns as much as 10 billion dollars per year while the public is taught that Gates is a giver, not a hoarder of the worst kind



  15. Links 27/10/2014: Lenovo Unbundling, Linux 3.18 RC2

    Links for the day



  16. IRC Proceedings: September 14th, 2014 – October 25th, 2014

    Many IRC logs



  17. Links 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  18. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  19. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  20. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  21. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  22. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



  23. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  24. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  25. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  26. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  27. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  28. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  29. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  30. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts