About this series
A patent claim filed in court is not decided under the “supreme law” of the land (Article I Section 8 of the Constitution) but under color of the huge and onerous Patent Law. Once an eminent domain case is filed in court it is not decided under the “supreme” law lof the land (5th Amendment) but under color of the huge and onerous Eminent Domain Law. Judges have been converted becoming the commissars and gauleiters of government and its agents, for taking property without compensation. Recently, in a 5 to 4 decision, the U. S. Supreme Court in Knick v. Township of Scott, Pennsylvania, No. 17-647, 588 U.S. ___, 139 S. Ct. 2162 (2019) held that a government violates the Takings Clause the moment it takes property without compensation, and a property owner may assert a Fifth Amendment claim under 42 U.S.C. § 1983 at that time, without pursuing a state-law remedy first. The intended, or unintended, effect of the Knick decision is to replace eminent domain law by the Takings Clause (Amendment V). Who knows, constitutional principles now matter.
Titles in the series (10)
- Petition for Certiorari: Denied Without Opinion Patent Case 93-1413
7
Affirmative Defenses of Patent Invalidity and Judicial Immunity Are Not Claims for Purposes of Jurisdiction and Federal Subject Matter Jurisdiction May Not Rest on Affirmative Defenses But Must Instead Rest On Affirmative Claims of Federal Rights. Why do Federal Judges Invalidate Patents Without Deciding Patent Claims? With Absolute Judicial Immunity?
- Questions Presented Supreme Court Cases
4
Questions presented in petitions to the Supreme Court in patent, patent secrecy order, patent bankruptcy and patent application cases. Petitions were denied without opinions.
- Petition for Certiorari Denied Without Opinion: Patent Case 93-1518
8
Petition for Certiorari Denied Without Opinion – Patent Case 93-1518 Affirmative Defenses Trump Patent Claims and raise questions of a court's jurisdiction to decide patent claims without violating jurisdictional statutes for the infringement of patents.In this case, petitioner's complaints were dismissed on issues of affirmative defenses. Petitioner filed for bankruptcy and brought the instant case in the bankruptcy court entitled Objections To Creditor's Claims Based On Void Judgments Obtained Through Fraud. The The lower courts rubber stamped the fraud and ordered their decisions not for publication. The Supreme Court denied the petitioner's petition without opinion.
- Petition for Certiorari – Patent Case 94-782 - Federal Rule of Civil Procedure 12(h)(3) - Patent Statute 35 USC 261 – Judgment lien Statute 12 USC 1963
9
Does Civil Rule 12(h)(3) require that a court must decide a question of jurisdiction before it? Does patent statute 35 USC 261 bar a court's jurisdiction to void the assignment of United States Patents by operation of California State laws? Does judgement lien statute 28 USC 1962 bar a court's jurisdiction to hear a suit to void the assignment of United States patents by operation of California State laws?
- Petition for Extraordinary Writ Denied Without Opinion– Patent Case 94-1257
10
Petition for Extraordinary Writ Denied Without Opinion– Patent Case 94-1257. 9th Circuit pre-filing Order Trumps Lack of Jurisdiction Claim. The method followed was standard, namely, forget jurisdiction and decide accused respondent’s defenses (or apply court ordered pre filing order) without reviewing the petitioner’s claims for lack of jurisdiction. The Supreme Court denied petitions without opinion making them, and many others like them, stand as law of the land. As precedents, these cases have totally corrupted the law.
- Petition for Certiorari Denied Without Opinion: Patent Case 96-1178
11
Petition for Certiorari Denied Without Opinion – Patent Case 96-1178 Court Requires Pro se Inventor to Obtain counsel. Inventor sues judges
- Petition for Certiorari – Patent Case 99-396 - Federal Rule of Civil Procedure 12(h)(3) Patent Assignment Statute 35 USC 261
14
Does a federal court have an obligation to actually litigate and finally determine its jurisdiction to void, assign, and sell patents under California state laws when the issue of such jurisdiction is raised by a party? Can the inferior courts constitutionally decide a case against debtor without actually litigating and finally deciding issues presented to them by debtor for the first time?
- Petition for Certiorari Denied Without Opinion: Patent Case 98-1972.
13
Petition for Certiorari Denied Without Opinion – Patent Case 98-1972. 9th Cir-Affirmed subject to pre-filing review order-Not for Publication-Federal Patents Confiscated Under California State Laws – Court Waives Third Party Lien on Patents.Was the 9th Circuit interested in justice or in using rules to protect corporate interests? Even when the lower court jumped the law?
- Petition for Certiorari – Patent Case 01-438 - Federal Rule of Civil Procedure 52(a)
15
Legal Standards of review. Substantial evidence standard under 5 United States Code 706 and the clearly erroneous standard under Federal Rule of Civil Procedure 52(a). Petition denied without reason.
- Petition for Certiorari Denied Without Opinion: Patent Case 98-1151
Petition for Certiorari Denied Without Opinion – Patent Case 98-1151.Patent Ownership and Assignment-Conflict of Federal and State Decisions-35 USC 261
James Constant
writes on law, government, mathematics and science, as they are and as they should be
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