Replies to post #23042 on Worlds Inc (WDDD)

[LouisDesyjr]

Mayer retirement and Stare Decisis

Since Mayer has ruled on the case that was before him, his retirement would have NO effect on other courts following his decision under the doctrine of Stare Decisis, or considering his ruling as 'the case on point' for issues present before his court with similar facts.

Stare decisis

Stare decisis is the doctrine of precedent. Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. Generally, courts will adhere to the previous ruling, though this is not universally true.

Even if Mayer was replaced tomorrow with the most pro patent rights judge, that judge would have to get a case with similar facts and then have it appealed up to his court, and then that new judge would have a chance to write a decision that could overturn Mayer's older case.


Louis J. Desy Jr.