Enos: Good thoughts. I know it will never happen (too expensive and unAmerican), but I could envision a new court system (within the system) of specialty courts something like this.
We create 100 or so brand new courts with exclusive jurisdiction over high tech patent type cases. The judge only has to be a lawyer but must have no absolutely political or business affiliations upon penalty of death or imprisonment (Henry VIII era). He would only rule on points of law and would be in effect an appellate type judge.
Under this judge would be a sub-judge for each case who must have an advanced degree in a high tech field. This person could be a non lawyer, but must have some legal training. There would be many, many, many of these sub-judges and they will only be assigned to cases directly in their field of knowledge. These sub judges must also have no political or business affialiations of any kind upon pain of death or imprisonment. Anything less than this absolutely sterile enviornment would bring us right back to party politics and money. Professors or scientists with no goals in life other than pure thirst for teaching, knowledge and/or technical advancement would be perfect.
The sub-judge will then hire his own neutral experts (at the expense of the parties with no limits on money)in the field who will examine the products, patents and review the technology. The parties will have no imput in the selection of these experts. The experts must also declare under pain of death that they have no political affiations or interest in the outcome. Those experts would then write reports to the sub-judge. The parties will not be allowed to examine these experts except in writing if they think the expert has misunderstood the issues involved. The sub-judge would then accept briefs from the parties with arguments about the independent experts analysis. Thereafter, the sub-judge will rule and award damages.
At this point, the real judge would accept or reject the decision based upon compliance with the law and fundamental fairness. The burden to overturn the decision of the sub-judge by the head judge would be much like that of overturning an arbitration decision. THERE WOULD BE NO APPEALS FOR ANY REASON.
The problems with the above is that it won't happen. Politics, money, and greed permiates us. Where are you ever going to find a neutral, non political expert or judge? In short, our system is so full of rules, appeals, appeal, appeals and appeals because no one trusts anyone to be fair and impartial and there has always got to be an appeal. Does it ever end? YES, at the U.S. Supreme Court. Oh, BTW, the members of the Supreme Court are a bunch of political hacks of the serving admination at the time of their appointment.
Oh well, back to business as usual.
LOL IMO g hors
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