The alleged 6-3 conservative majority Supreme Court has been a decidedly mixed bag from a conservative outcome perspective.
The following ruling showed the Court dipping its toe in the warm waters of Judicial Sanity — but then quickly withdrawing the digit.
“The Supreme Court ruled on Monday that more than 200 administrative judges who hear patent disputes, some of them over billions of dollars, had been appointed in violation of the Constitution.”
These judges are indeed unconstitutional. Because they are judges — in the Executive Branch. Which means the Executive Branch is pretending to be the Judicial Branch. And that’s a bit of a Separation of Powers problem.
These alleged judges preside over the Patent Trial and Appeal Board (PTAB) — about which we’ve been warning for more than a while.
“DC has reverse-engineered the government entity responsible for issuing patents (the US Patent and Trademark Office [USPTO]) – to now destroy patents. Patents that government entity its own self had issued – are now destroyed by that same government entity….
“This is the USPTO saying ‘Congratulations, you have a patent.’ And then saying ‘Psyche. We were just kidding.’”
If this sounds exceedingly stupid — that’s only because it is.
“(A)ny patent can be challenged to a PTAB procedure by anyone at almost any time, which dramatically harms inventors. The more valuable the invention, the higher the risk of a PTAB.
“Inventors cannot adjust their own behavior to reduce the risk of a PTAB being launched. That risk remains as long as the patent is in effect.
“Since most PTAB procedures are launched against patents being enforced against large multinational infringers, the only behavioral change an inventor can make is to not enforce patent rights even if a large multinational corporation steals the invention.
“Perhaps that is the point of the AIA.”
That certainly seems to be the point. When you hear “patents being enforced against large multinational infringers,” you should immediately think
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