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0 pointsbobwaycott12y ago0 comments

Are we talking past each other here, or are you just imagining a disagreement here and continuing to press a completely unrelated point?

You've said nothing materially different from me on the point that I made. You are pinpointing and continuing to dispute an off-hand comment about rubber-stamping with drawing upon the establishment of precedent and its binding nature on other courts, and again, I wasn't saying anything about that issue at all.

If I was to hazard a guess, I'd say you misunderstood the intent of my jab and are carrying forward an inconsistent comparison, cherry picking one minor detail to dispute the jab, and creating a bit of a straw man here that is completely pointless.

Here, I will say it again:

I was referring only to the fact that given their caseload and decisions, the CAFC often appears as a rubber stamp court for patent litigation. I was not speaking about establishing binding precedent [on any other courts].

Sheesh, friend. You're barking up the wrong tree here.

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rayiner12y ago

First, you did say something about the precedent issue, because you claimed in your second paragraph that the FISC was creating binding precedent that shaped the law in its area. That's true for the Fed. Cir., but not for FISC.

Second, and this is more pointing out an implication of your point rather than a disagreement, FISC being a rubber stamp is much less of a problem than Fed. Cir. being a rubber stamp. FISC being a rubber stamp only affects warrant requests that come in front of FISC itself. Fed. Cir. being a rubber stamp has ripple effects throughout the entire court system because it creates precedent binding on every district court and appellate court in the country.

bobwaycottOP12y ago

Are you just here for trolling?

I've tried to be very polite, but we're getting nowhere because we're talking past each other (most charitable reading I have).

My original statement, to which you replied with particulars about binding precedence, said absolutely zero about establishing precedents that bind other courts. Who cares if one court's rubber stamp affects a wider court radius than the others if they are both operating as rubber stamps for a particular kind of case and that is all that was being said?

If you want to have an exchange and dispute whether or not the CAFC operates as a patent litigator's rubber stamp in much the same way that the FISC operates as a spy agency's rubber stamp, then please do so. If not, then by the universe, stop changing the subject to something that is not of primary concern when evaluating whether or not the CAFC is a rubber-stamp patent troll's court. We have nothing to discuss on the precedent issue because I sincerely do not disagree or care to dispute the ways in which the FISC "shaped law in its area", as it is not at all related to the current thread.

[edit: removed strongly-worded-out-of-exasperation language. my apologies.]

btilly12y ago

I see both sides of this somewhat pointless argument.

The core issue is this. You are probably not a lawyer. Thus "rubber stamp for a vested interest" is enough to qualify two courts as being very much like each other.

By contrast rayiner IS a lawyer. (And one who is well-known on this site.) To a lawyer the key characteristics of a court are what it has jurisdiction over, and who its precedence binds. Because that is what matters in litigation. On these measures, the two courts are about as unlike as it is possible to be. FISC binds itself only. By contrast CAFC binds every court in the country that can hear a patent case except the Supreme Court.

I believe that this whole argument could have been avoided if you had realized that he was fundamentally right about the precedence issue (which he is), and limited yourself to the similarity of both being rubber stamps.

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tptacek12y ago

All of the 'rayiner comments on this thread confine themselves to the ideas on the thread itself. It's your comments that assault the people writing the comments, first by inventing a motive their authorship, and now by calling the author a troll.

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rayiner12y ago

> My original statement, to which you replied with particulars about binding precedence, said absolutely zero about establishing precedents that bind other courts.

Your original statement also said absolutely zero about rubber stamping. Your second statement had two paragraphs: one about rubber stamping, one about binding precedent. It's not "changing the subject" if I fail to read your mind about what the subject happens to be.

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0 pointsbobwaycott12y ago0 comments

Are we talking past each other here, or are you just imagining a disagreement here and continuing to press a completely unrelated point?

Here, I will say it again:

Sheesh, friend. You're barking up the wrong tree here.

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rayiner12y ago

bobwaycottOP12y ago

Are you just here for trolling?

I've tried to be very polite, but we're getting nowhere because we're talking past each other (most charitable reading I have).

[edit: removed strongly-worded-out-of-exasperation language. my apologies.]

btilly12y ago

I see both sides of this somewhat pointless argument.

The core issue is this. You are probably not a lawyer. Thus "rubber stamp for a vested interest" is enough to qualify two courts as being very much like each other.

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tptacek12y ago

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rayiner12y ago

> My original statement, to which you replied with particulars about binding precedence, said absolutely zero about establishing precedents that bind other courts.

1 more reply

j / k navigate · click thread line to collapse