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| How a rogue appeals court wrecked the patent system |
| By Thom Holwerda on 2012-09-30 22:01:39 |
| "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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| Comment by some1 |
| By some1 on 2012-09-30 23:55:14 |
| Sounds very much like this http://patentabsurdity.com/ |
 - Score: 5 |
| RE: Comment by some1 |
| By Alfman on 2012-10-01 03:05:36 |
| Can't +1, but that video is very informative. Great link. |
| - Score: 2 |
| Not rogue |
| By kwan_e on 2012-10-01 08:16:46 |
|
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. |
| - Score: 5 |
| RE: Not rogue |
| By Radio on 2012-10-01 11:18:09 |
| Star Wars is not a dictionary. |
| - Score: 3 |
| RE[2]: Not rogue |
| By kwan_e on 2012-10-01 12:10:39 |
|
> Star Wars is not a dictionary. It's a thesaurus. Look that up in a dictionary sometime. |
| - Score: 3 |
| RE[3]: Not rogue |
| By Radio on 2012-10-01 14:36:20 |
|
I'll just leave it there. http://goo.gl/WFXLY |
| - Score: 2 |
| RE: Not rogue |
| By tchristney on 2012-10-01 16:31:07 |
| 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. |
| - Score: 6 |
| Rogue! |
| By Carewolf on 2012-10-01 16:56:24 |
|
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 |
| - Score: 7 |
| RE: Not rogue |
| By TemporalBeing on 2012-10-01 17:23:56 |
|
> 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. 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. |
| - Score: 4 |
| RE: Rogue! |
| By kwan_e on 2012-10-01 23:38:24 |
|
> 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.. 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. |
| - Score: 2 |
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