This case, KI Ventures, LLC v. Fry’s Electronics (Fed. Cir. Aug. 28, 2014) is really a fun read. The panel reversed the judge’s sua sponte dismissal, with prejudice, of a patent infringement suit. Among other things, the judge had issued an “order on confusion.” (Which is classic Judge Hughes.) You need to read the case to see how much of the transcript the panel quoted (for a reason, I assume) but here’s a sample:
MR. RAMEY: I’m not sure that the design on the front page of that patent is an accurate represen- tation of the claims as they issued.
THE COURT: Why is it here then?
MR. RAMEY: We’re not the ones that drafted the patent.
THE COURT: I’m sorry, you’re stuck with what- ever this thing is. That’s what you own.
This judge is a joke and should be removed from the bench
Judge Hughes acted disgracefully in this particular instance.
David, what can the Supreme Court do to take care of a judge a clearly is not to his job?
This quote appears in the judge’s wikipedia entry:
“Even if the company’s claim that she was fired for abandonment is meant to hide the real reason – she wanted to pump breast milk – lactation is not pregnancy, childbirth or a related medical condition. She gave birth on Dec. 11, 2009. After that day, she was no longer pregnant and her pregnancy-related conditions ended. Firing someone because of lactation or breast-pumping is not sex discrimination”.
I guess he’s seen lots of women lactating who weren’t pregnant immediately prior to the onset of lactation.
Firing someone because of lactation or breast-pumping is not sex discrimination
Apparently, lactation is sex-neutral.
Quite frankly, Judge Hughes appears to lack the single biggest thing that a judge should have in abundance: patience.
Judge Hughes has been accused of that before. I have a lot of respect for him for running an efficient court and, usually, he’s pretty good at judging. But he is human. I think his reversal rate is highest in the 5th, but I’m not sure.
What was odd was the long quotes by the panel.
With sadness, I would note that if the decision – with no change on the merits whatsoever – of Judge Hughes has instead been given by the Royal Nine, we would have more than a few people celebrating the “jurisprudence.”
Wow. I read the opinion … a judge that clearly has been on the bench far too long.
The Federal Circuit showed great restraint in their opinion. This judge should have been taken behind the woodshed.
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