How is it a judge can point out EVERY problem in a single statement, yet the idiots we elect to office and allow to run this country can't even seem to figure out that they are ALL directly responsible for the condition this country is in? We need some people like this judge running the government.
Step One to fixing the patent system. Void ALL "proof of concept" patents and require companies to actually develop the technology they're trying to patent....then prove it actually works exactly as described.
Step Two: If the patent is awarded, require the company to license the patent for reasonable terms and void the patent if they refuse. No more selling patents. If you didn't develop it, you don't get a patent for it. If the patent is sold, it's immediately VOID.
Step Three: Remediation. If the patent holder and potential licensee (in cases of patent infringement) can't come to reasonable terms for licensing....either void the patent (if patent holder is at fault) or ban the sale of infringing products (if potential licensee is at fault).
That would fix most of the issues with the patent system and stop all these BS patent suits.
If you didn't develop the tech or a product that uses it....there are no damages from someone else infringing the patent and judges should be throwing out suits from these companies that buy patents. They don't develop anything thus there's no damages involved.
This is what I've been waiting for and telling people. Is the patent process flawed? Perhaps, but it's not because it has itself changed dramatically. The problem is that too many people are lawsuit happy, and too many judges are afraid to do what this one did. Yes, you can file a lawsuit for any reason about anything, but the courts don't have to sit through endless B.S.
"Among the current shortcomings, he mentioned "a huge public debt, dangerously neglected infrastructure, a greatly overextended system of criminal punishment, a seeming inability to come to grips with grave environmental problems such as global warming, a very costly but inadequate educational system, unsound immigration policies, an embarrassing obesity epidemic, an excessively costly health care system, a possible rise in structural unemployment, fiscal crises in state and local governments, a screwed-up tax system, a dysfunctional patent system, and growing economic inequality that may soon create serious social tensions."
If he ran for office, I would be more than willing to help him campaign.
There seem to have been a lot of "Judge Richard Posner exercises common sense in case, savages participants" stories recently. Plus I read an article recently about how he writes all his own opinions when he rules (where a lot of judges delegate the opinion part to their law clerks). He's setting a good standard for the judiciary.
Can we promote this guy to the Supreme Court pronto?
I'm surprised no one on here has ever heard of Richard Posner. He's currently the most cited judge alive, and a pretty obvious supreme court pick. He was never promoted to the court because his libertarian views made him simultaneously too liberal for republicans and conservative for democrats.
Supposedly he took this case (which is actually heard in a court below his regular docket) because he wanted to solve the patent mess once and for all. Given how well respected he is in legal circles, it'll be interesting to see if he can manage.