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by shmerl 5104 days ago
If the patent system is so broken that it's abused by all kind of trolls (including Apple), do you think courts can fix it? Only patent reform can change something. And meanwhile, boycotting works too.
1 comments

It seems your from USA; I'll assume you mean the US patent system, and I gather that in the USA you elect judges but do you think that the courts should be "fixing" the law. Do you elect the judiciary to alter the law?

Unbiased application of the law seems much more becoming of a judicial system than rewriting of it.

If you have your judiciary do the statute [re]writing then do you want your government doing that too?

Courts don't create laws, they interpret and apply them. Laws are created by the legislative power (i.e. congress). Courts is the judicial power. I.e. to fix this mess, legislative power needs to reform the patent law.

Here is a proposal: https://defendinnovation.org

You said that the patent system was broken and asked "do you think courts can fix it" (my emphasis). I know that in general legislative power is not within the remit of the court (you might say it was ex judica, fnar-fnar) - you appeared to be saying that the courts should be fixing it though, hence my post.
I was asking, commenting on what jaebrown said earlier, quote:

this is business and we people should just let it play itself out in court.

So I asked: do you think courts (alone) can fix it? I.e. really courts won't help, until the law is fixed.