This is not a patent case, but it’s a great read (brilliantly written, that is) and describes an awful side of lawyering. Boiled down, the allegations are that a lawyer knew a medical service provider had a lien on proceeds received from a defendant in settling a personal injury case, but he didn’t pay off the loan, instead taking the money for himself. And that’s just the beginning of Central States, Southeast and Southwest Areas Health and Welfare Fund v. Lewis, available here.
Who knows what is going on in this case. At this point, Posner has lost all credibility with his patent cases that I don’t trust a word he says. His findings of fact that inventors just natural do these things because once he saw his roommate at college behave this way completely destroys his credibility.
Posner should resign and turn himself into the Dept. of Justice. Oh wait, they are bought off by big corporations.
The case seems represent an overall pattern exhibited by the attorney that he could get away literally with murder, and that he was above the law.
Then there’s the case of the district court judge who seemed completely uninterested in the case and allowed this travesty to occur. For example, Posner are asked how it was possible that the only sanction for contempt was to ask the attorney to turn himself in the local Bar Association? He said the District Court should have done that rather than allow someone as unreliable and dishonest as the attorney before him to do that. The district court order, in the opinion of Judge Posner, was simply incredible.
I really appreciate his suggestion that the matter be turned over to the Justice Department. This is more than arrogance. It was clearly criminal behavior by the attorney.
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