Apology to Judge Reyna

I want to pause here for a moment to make an apology to Federal Circuit Judge Reyna regarding what could easily be perceived as poor taste humor.  I continue to have the highest respect for the Judge and hope that it was not taken in offense.

Last week when I wrote about the AATRIX Software case, I included an image of Mexican actor Alfonso Bedoya from the 1948 neo-western “The Treasure of the Sierra Madre” along with a modification of the “stinkin’ badges” quote.  The quote was used again in the Mel Brooks classic Blazing Saddles.

At the time when I wrote about AATRIX, I had no conscious thought of Judge Reyna’s Latino cultural heritage. (Judge Reyna dissented-in-part in the AATRIX decision).  A few hours later I deleted the image after considering that it did not reflect well on either myself, Patently-O, or the patent law community.  However, even at that time I did not consciously recognize the potential link to Judge Reyna.  It was only later that I recognized with some horror how it would be interpreted.

Perhaps no offense was taken. Either way though, I do apologize.

– Dennis Crouch


21 thoughts on “Apology to Judge Reyna

  1. 6

    link to cafc.uscourts.gov

    Judgment on the pleadings against the patentee (claims ineligible under 101) affirmed by the CAFC, with opinion by Judge Moore.

    Of course this opinion is marked “non-precedential”, as are most of the zillion opinions affirming ineligibility (and most of the rest are Rule 36 opinions).

    There is no “swinging back”, folks. There will never be any “swinging back”. The experiment was tried. It failed, as it was predicted it would.

    All that’s left is cleaning up the mess.

    1. 6.1

      Read the case before you get all excited Malcolm (as has happened in the past).

      The stature of the case, the arguments presented (and not presented) and a TON of little details can easily distinguish the result here from those items of late (such as the necessary factual underpinnings to the legal question of 101) that have seen you go apoplectic.

    2. 6.2

      MM, the experiment was tried and created the greatest innovation engine in the history of the world. The experiment is being torn down by large corporations afraid of others getting innovation that may hurt their bottom lines.


      1. 6.2.1

        Torn down – and celebrated by those of several different philosophies.

        Like people giving a standing ovation to Nero’s fine fiddling among the flames.

  2. 5

    Putting aside the issue whether any apology was needed, what strikes me is that this is a model of a real and sincere apology, sadly a rarity these days. Good for you, Dennis.

    The sort of conditional non-apology, that isn’t an apology at all but rather the very opposite (and so should attract disdain) is the one that begins “I apologise, if anybody took offence at my…..”. Now that is something I find offensive!

    1. 5.2

      Not so fast, maxdrei,

      Your comment of “The sort of conditional non-apology, that isn’t an apology at all but rather the very opposite (and so should attract disdain)” ignores the fact that satire and a disdainful “apology” are fully legitimate recourses.

      “Attracting disdain” is far more fact-pattern dependent, and there is no such “global” per se rule of something “should” attract disdain.

      Disdain should be attracted for the right reasons.

      I am so sorry that you have this wrong

  3. 4

    Such bigotry. For shame.

    Tsk Tsk. We diverse now, and that means you must know everyone’s ethnicity at all times, perfectly, and be entirely respectful or else you’re a bigot and should be fired, scorned, banished and loled at etc. etc.

  4. 2

    I didn’t even think of the connection. The patent world is divided between those that are judicial activist anti-patent and those that are rational fair-minded people.

      1. 2.1.1

        Says the guy who does not need a shirt to wear his own false dichotomies…

        (You really need to not use Malcolm’s rhetorical t001s)


            Says the guy who is so indolent that like five of the last conversations have been left hanging (by Marty – including a detailed response to a certain professor in which you early on lobbed your mindless insult).

            And taking Malcolm’s schtick of Accuse Others is certainly indolent.

    1. 1.1

      Very classy – modern – progressive –
      consistent with how a person does and should judge and identify both one’s self and others,
      one should be much more concerned about insulting a person’s “cultural heritage” than worried about insulting a person’s intelligence, most solemn convictions, or the “content of their character”.

      1. 1.1.1

        Nah, I wouldn’t deign to go that far and “judge” what should or should not be done.

        The fact of the matter is that choosing to apologize was a classy move.

        And make note: we have the right to choose otherwise! THAT right shall not be abridged…


            There is nothing “weird” about the legal point presented.

            That you think it to be weird only highlights your own weirdness – in a rather unsurprising demonstration of your number one meme of Accuse Others.

            Glib indeed – just not how (or who) you want to portray, Malcolm.

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