Bonum Certa Men Certa

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

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).

Recent Techrights' Posts

IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
How Not to Build Software
code forges that need a Web browser perhaps fill some 'niche' demand
GAFAM and "MATA"
The use of dark humour there hopefully helps illuminate what a lot of "modern" technology became like and how it interacts with human civilisation (to what ends and whose gain)
Flying in 2025
worse than ever before
 
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
This is What Google News Has Become
Moments ago
The Slopfarm WebProNews Has Turned Google News Into a Laughing Stock Full of Plagiarism by Slop
If Google News dies of neglect, that's one thing. It's starting to seem like active neglect by Google is a form of participation.
Do What is Moral, as What's Legal Isn't Always Moral
Do what's objectively moral, no matter the costs and the risks
Slopwatch: Google News Assisting Plagiarism and Anti-Linux FUD, Serial Slopper Rips Off Linux-Centric Journalists
This makes the Web a much worse place and lessens the incentive to do journalism
Links 30/08/2025: NVIDIA Fakes Results to Hide a Bubble Already in Implosion Phase, Data Breaches Galore, Important Win for Workers' Union in Canada
Links for the day
In Kazakhstan, Yandex Estimated to be 20 Times Bigger Than Microsoft
Bing is measured as down this month
Shutterstock Not Enough? The Register MS Uses Slop Images in Articles (Seemingly More and More Over Time)
Cost-saving trajectory amid office shutdown?
Gemini Links 30/08/2025: Games, PostmarketOS, and Slop
Links for the day
Links 30/08/2025: Imgur Uproar and Many Ukraine Updates (Mediazona Reports Over 200,000 Russians Died for Putin)
Links for the day
Birds Are Not "Pests and Vermin", Privacy is Not a Crime, and GNU/Linux is Not 'Hacking Platform'
I could not help but think of Free software analogies
The Sites Should Be Very Fast Again
That issue is now resolved
Activists, Including Technical Activists, Need Not Pursue Affirmation
Techrights doesn't play or participate in a "popularity contest"
The UEFI 9/11 - Part III - Chaos is Scheduled to Happen Second Thursday of September (No Matter What the Microsofters Tell You)
The clock is ticking
Downplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
Government Sites Should Run Free Software
Not proprietary bloatware with buzzwords
LLM Slopfarms Take No Breaks
When people run sites by bots they don't need to worry about "breaks"
GNOME Having a Meltdown Again
Thanks and farewell to Steven Deobald
Gemini Links 30/08/2025: Low Tech and Hunchbin 1.0.6
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 29, 2025
IRC logs for Friday, August 29, 2025
Financiers and Sponsors of the Slop Hype (Pyramid Scheme Waiting to End, Bubble That Will Inevitably Implode)
It's also burning the planet
Slopwatch: Fake Articles About "Linux", Google Helps Ponzi Schemes and Slopfarms in Google News
Slopfarms are a real pain
Gemini Links 29/08/2025: Retiring at 62 and URL Filtering HTTP(S) Proxy on Qubes OS
Links for the day
Links 29/08/2025: Lisa Cook Sues Convicted Felon and Backdoor Mandate in UK Resisted
Links for the day
Links 29/08/2025: Arti 1.5.0, War on Public Health (CDC), and Slop 'Bros' Made to Pay for Their Mass Plagiarism
Links for the day
No, 4Chan is Not Fighting for You by Lawyering Up Against Ofcom (UK)
Don't mistake proto-fascists for people who "fight for you". They don't.
In Many Places in the World Vista 11 "Market Share" is Going Down, Not Up
In some countries Windows is already down to third place or lower
More Microsoft-Connected Layoffs, at Least Third Time This Month! (Also Another Death on Campus)
Microsoft as a "gaming" company is where studios, projects, games, and even developers come to die
Slopwatch: Fake Articles About "Linux", Slop Images in VentureBeat, Linux Foundation Spam Made With LLM Slop and Slop Images
The only relief or upside - if any exists - is that the pace of slop was down a bit this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 28, 2025
IRC logs for Thursday, August 28, 2025
Gemini Links 29/08/2025: Poems, Games, and Java 25 Performance
Links for the day