Isn’t judicial activism great?
I kid. I’m a kidder.
But our title is not an exaggeration.
Who is Judge Lucy Koh?:
“(A) United States District Judge of the United States District Court for the Northern District of California….
“On January 20, 2010, President Barack Obama nominated Koh on the recommendation of California Senators Barbara Boxer and Dianne Feinstein….”
“Koh has presided over some of the tech industry’s highest-profile cases. Though federal court cases are typically randomly assigned, fortuity and her spot in Silicon Valley have gained her more influence over tech than any other judge in the U.S….
“Her rulings at times have broken legal ground….
“Koh’s interest in the law, friends and colleagues say, is rooted in an idealistic sense of justice – in the law as an agent for change.”
Translation: Koh likes to ignore the Constitution and the law. And make stuff up so as to impose her personal policy preferences – “break new ground” so as to be an “agent of change” – rather than remain within the confines of the law.
Koh is supposed to rule on and within the law. If she wants to change the law – she should ditch the robe and run for Congress.
The Obama Administration that appointed Koh – was almost inarguably the most anti-Intellectual Property (IP) administration in our history.
All of which fits the Obama Administration pattern. IP is specifically protected by the US Constitution. Behold The Patent and Copyright Clause:
“The Congress shall have Power To…promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries….”
The Obama Administration wasn’t a big fan of adhering to the Constitution in any way, shape, matter or form.
When it comes to IP – the major domestic front in the war…is the Silicon Valley.
When Big Tech companies aren’t stealing IP – they are suing other Big Tech companies for stealing their IP.
Which brings us to the Judge Koh Obama FTC-Qualcomm case.
January 17, 2017 – a mere three days before Donald Trump was sworn in as President – the Obama Federal Trade Commission (FTC) sued Qualcomm. Claiming Qualcomms patents – made them a monopoly.
Ummm…duh. Per the Constitution: (T)he exclusive Right to their respective Writings and Discoveries.” “Exclusive” means – Qualcomm alone holds them.
The Obama FTC may as well have sued Shaquille O’Neal for being tall.
The Obama FTC sued Qualcomm – at the behest of iEverything Apple.
Apple has an awful and dizzying history on patents.
Apple has signed all sorts of contracts to pay Qualcomm for its patents – and then decided one day they no longer wanted to do so.
So they got the anti-IP Obama Administration FTC to file its ridiculous lawsuit.
And a mere TWO DAYS after that…:
What an AMAZING coincidence that is.
And a couple of weeks after that – Apple simply stopped making its contractually obligated patent payments to Qualcomm.
Two years later:
Qualcomm’s very existence rests in the hands of “agent of change” Judge Koh. Who thus far in the case has been repeatedly “breaking legal ground” – and in the process stomping on Qualcomms property and legal rights.
Nothing like the free market – with free people exchanging in the free exchange of goods.
Judge Koh may as well have ruled Qualcomm must bake cakes for all Apple parties.
This preliminary ruling was Judge Koh beginning to chip away (no pun intended) at Qualcomm’s very business model existence – and decades of industry-wide precedent:
“The decision could have wide-ranging implications for Qualcomm’s patent licensing business model….Device level royalties have been the norm in the cellular industry for decades.”
Judge Koh is indeed “breaking legal ground” as an “agent of change.” None of which is sound legally.
None of which bodes well. For the rule of law. For the Constitution. For Qualcomm.
Oh: Or for national security and the impending Fifth Generation (5G) wireless network – and whether the US or Communist China gets to run it.
“(A) vitally important, potentially epoch-defining legal battle is being waged….(S)hould the legs be cut out from under Qualcomm’s licensing business, the company may have to abandon its hefty investment in 5G.
“The U.S., through Qualcomm, and China, through Huawei, are locked in a battle to determine who will develop and control the standard for this rapidly developing and vitally important technology….
“The 5G technology doesn’t just mean a faster data network for Instagram and Tinder. It’s also the network that will allow for the widespread use of autonomous vehicles and robo-surgeries, of ‘smart cities’ and drone flying.
“In the hands of a nefarious actor, 5G could prove extraordinarily dangerous.
“Unfortunately, Huawei is one such actor. The ostensibly privately held company has deep links to the People’s Liberation Army and the Chinese Communist Party.
“The U.S. government recently banned its employees from using Huawei’s smartphones because it is widely understood that the PLA and CCP can access them through so-called back doors.
“Qualcomm is the only U.S. company investing in 5G. Should it be undercut, the path will be clear for Huawei, an agent of the U.S.’s most profound geopolitical rival, to dominate this vital technology.”
We are now with this ridiculous Obama-holdover lawsuit – in a holding pattern over LaGuardia.
Both sides have rested – and we now await Obama-appointee “agent of change” Judge Koh’s ruling.
Here’s hoping she doesn’t yet again “break new ground.”
Judge Koh could very conceivably kill Qualcomm.
And with it – the very concept of Intellectual Property and its protection in the United States. Which is indescribably awful – in ways more numerous than the stars in the sky.
And Judge Koh could unilaterally, singlehandedly hand global 5G dominance – to Communist China.