[cryptography] patents and stuff (Re: NSA's position in the dominance stakes)
James A. Donald
jamesd at echeque.com
Sat Nov 20 17:24:13 EST 2010
On 2010-11-21 1:45 AM, John Levine wrote:
>> Patent lawyers are quite smart and knowledgeable. But there is no such
>> thing as a patent judge or a patent jury and never has been.
> The CAFC sure looks like patent judges to me.
No one gets appointed to the CAFC for having any knowledge or relevant
expertise in the subject matter of patents. None of them, not a one,
understand what is being patented, none can tell the difference between
an obvious patent and a non obvious patent, none can themselves tell is
something is covered or not covered by a patent. None of them can tell
what is or is not prior art. Supposedly expert witnesses tell them
these things, but they have no way of knowing if an expert witness is
expert, or if the expert witness is telling the truth.
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