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

Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Many Topics to Cover
Drops in a big ocean
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs