1 - It looks like Lat is in Seattle this weekend:

http://twitter.com/davidlat

FIRST to say first!

Does anyone know where I can send my resume for the newly open position of judge on the Federal Circuit?

-Deferred 2009

2- Yes it does:

http://twitter.com/assfinger

This is not a very surprising move. I wouldn't be surprised if Michel wasn't also trying to send a message to some of the other senior judges on the CAFC that it would probably be OK if they stepped down as well.

Patent litigation is an astonishingly corrupt drain on our economy. Any patent litigator will tell you that privately that his or her practice thrives because anyone can get a patent that arguably covers anything. The system is a joke. Anyone against reform is a joke. Good riddance Michel.

I loved his cameo in "You Don't Mess With The Zohan."

I mean really....who cares?

7: WTF? The other types of disputes that are litigated are not a drain on our economy? Why is infringing someone's patent claims - protection written into the Constitution since day 1 - less worthy of a cause of action than the other b.s. we litigate? You've been reading too many idiotic op eds in the WSJ. And a real patent litigator wouldn't say that their practice thrives because "anyone can get a patent that arguably covers anything." It thrives because the Supreme Court and Judge Michel's court tend to raise the level of uncertainty in patent law whenever they decide the truly hard cases. Having said that, Judge Michel has been spot on in calling out the "reformers" for their dubious scholarship when it comes to patent damages. Patent "reform," like a lot of other stuff floating around Washington, is not change we can believe in.

"He feels pretty strongly that certain parts of the pending patent reform act are outrageous."

Couldn't agree more Paul. Get to work!

Oh, and 7, you suck.

FIRST to recommend former New England Journal of Medicine editor Marcia Angell's The Truth About the Drug Companies

13=Marcia Angell

But I'll check it out anyway.

I hope some clown from ED Tex replaces him. Troll heaven.

7 I did just ask a patent litigator ... myself. And your opinion is crap.

Too much money is spent in litigation (in re efficiency) until you realize no one will put $1B behind a technology that could be ripped off tomorrow. I can accept a little waste so long as it encourages massive innovation.

This is a waste of space- going forward I think ATL should limit the scope of retirement articles to only include significant people whose impact will be missed.

I second 17... who gives a sh*t

Wait till he finds out that an ex-judge can't find a job in today's economy. Nobody gives a shit about idealism and what is right --- the only question is whether you can bring in the billables and he cannot.

omg i would totally be a judge one day--making rulings on laws n stuff sounds totally awesome.

xoxo trixy

Agreed with above. I hate to sound like a snob, but perhaps there could be a separate blog for small irrelevant courts? Junior Above the Law or Below the Law or Below Above the Law or something?

CHECK YOU DURATIONS

I appeared before Judge Michel a few weeks ago. I was really nervous because it was my first time in Court and I was working for my dad on real bet-the-company litigation. My mentor at the firm (an older lawyer who had been around for years and who had tons of war-stories) was helping me get ready. When I got in my car that morning and turned on the radio, there was a tape in the tapedeck. I hear "It sure is strange making you this tape. I just got done talking to you. Look at that smile on your face, the look you had the first time I told you I'd help you with your father. I never told you this before. I always have a hard time talking about my feelings. But I want you to know now that you've got more courage than anyone I've ever met and you're gonna need every ounce of it to get through this thing. Now listen I'm proud to have been by your side, and whatever happens just remember we tried and no one can take that away from us! "

You guessed, Chappy Sinclair.

Yo Elie

Bet you are happy you didnt go to this school

http://trueslant.com/saralibby/2009/11/21/too-fat-to-graduate/

If anyone had any doubts about where the loyalties of the patent judges lie, this should settle that. He's going to be making big bucks lobbying congress to save the corrupt system.

23 FTW

I semi-agree with 23 so far as to say "how is this NOT about the money?" Maybe he doesn't care about other judges, but he is leaving to get a fat paycheck as a lobbyist for (presumably) pharma. Not saying it's wrong, but it's a bit naive to say money wasn't a factor.

Sorry, I semi-agree with 25. Didn't bother reading 23.

10 = idiot.

@28, you are no Iron Eagle

Major Dwight Smiley, USAF

28, you can deal directly with me.....Doug Masters!
Nice shot, Colonel, anything else you want to send over? I'm takin' you out!

13 - thanks, interesting article!

13 thanks for sharing

Good riddance. 10/12/16 = contingency lawyers

Yawn......

17/21...Fed Cir is more significant and important than any other court in the land save SCOTUS.

Enjoy state court.

You're welcome 32 & 33.

I don't think she proves her point about the need for public health care, but she does evidence why the patent laws are completely screwed up as pertaining to drug molecules.

13

Well now I don't know where to send my clerkship application next year.

Ugg Classic Cardy Boots

Ugg Classic Tall Boots

Ugg Classic Short Boots

@36 the Delaware Court of Chancery is a little more important than your widget referees.

I was before Judge Michel a few years ago to argue a motion. The guys arguing the motion before mine got shot down over a part of the mediteranean that we considered international airspace. Judge Michel told the guy "You are allowed a statement on your behalf." Just then, Ted Masters looks him right in the eye and goes "This trial is a fraud. At no time did we violate your airspace."

It was crazy.

There are two sorts of people who say positive things about the United States patent system. The first are people who lack experience with it but think that protection of ideas makes good economic sense in theory. (I was one of those people in law school.) The second are experienced practitioners in patent law who know our system makes no economic sense in practice, but enjoy the profits that flow from its senselessness. I'm an experienced practitioner in patent law who profits from the senselessness of our patent system--but I still want to see it reformed or abandoned, because it's the right thing to do.

Anyone who thinks that the Fed. Cir. is a Busch-League court is an utter idiot. Any time an appellate-level Article III judge retires to pursue lobbying it is newsworthy. Get over yourself.

Aside from that, the Iron Eagle references are awesome.

43,

it's a Busch-League court because they offer very little guidance. Several districts have had presentations from their Inns of Court or IP ABA Section pointing out that their patent cases have a 50-50 chance of being reversed because of the claim construction. Until they can offer better guidance, it is a disgrace to the purpose of its creation.

That doesn't make it Busch-League, it makes it shitty at coming up with guidelines that random district court clerks with history degrees can understand and easily apply.

Is the Federal Circuit an Article III court?

In case anyone was wondering, Judge Michel is generally in favor of patent reform, not against it. See In re Bilski. He probably feels that he can actually accomplish more outside of the constraints of the common law. There is only so much one can do on an incremental basis.

42 - I couldn't agree with you more. If it weren't for all the trolls out there, I wouldn't have a job right now. I still think it is borderline criminal that they can even do what they do, though.

13 - check out this article by Professor Henry Mintzberg from McGill’s Desautels Faculty of Management who is among the world’s most respected business writers and thinkers. He recently ranked 9 in the Wall Street Journal’s Top 20 Business Thinkers:
http://www.cmaj.ca/cgi/data/175/4/374/DC1/1

48 - thanks, but no thanks.

Looks like Judge Michel is leaving Kaitain and the imperial intrigues for the hard slogging work in Salusa Secundus.

46--

Yes, it is an Article III court.

please don't feed the trolls.

Good riddance.

Bring on real substantive review, and not just by an overwhelmed government bureaucracy.

Bring on patents that are written in plain English, not in ridiculous intentionally convoluted jargon.

Bring on cost shifting if it turns out the patent was invalid and the plaintiff could have discovered that with a reasonable exercise of diligence.

Get rid of the hack judges who helped bring the current system into total disrepute.
disclosure

Good riddance.

Bring on real substantive review, and not just by an overwhelmed government bureaucracy.

Bring on patents that are written in plain English, not in ridiculous intentionally convoluted jargon.

Bring on cost shifting if it turns out the patent was invalid and the plaintiff could have discovered that with a reasonable exercise of diligence.

Get rid of the hack judges who helped bring the current system into total disrepute.