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by fncypants
2090 days ago
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You are absolutely correct. Patent law is a specialized legal field and having experienced judges is a plus for everyone, because it creates certainty that the parties can rely on when making business decisions. This judge has implemented some interesting local rules that are aimed at decreasing litigation costs at the outset of the case. There is nothing here that says this judge is biased towards patent owners or accused infringers (and I can attest to that, knowing Judge Albright personally). I would have no trouble advising my client sued in this district that they will get a fair shake if the case has no merit. There is a downside though, where this differs from SDNY and bankruptcy. Patent law could benefit from major reform to eliminate abusive lawsuits and decrease transactional costs of enforcement and defense. Because patent owners can still shop around for some lawsuits, a judge trying to build a docket like this does not have an incentive to implement that major reform from the ground up. Any reform would only be tweaks, not paradigm shifts (like the local rules mentioned above). The problem is akin to regulatory capture. |
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No one disagrees. But that reform should come from legislation, not judges. Judges are supposed to apply the law as written to the best of their abilities.