Behold: Judge Lucy H. 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 to a seat on the United States District Court for the Northern District of California….”
Koh’s private and public career indicates she is thoroughly Democrat. Koh’s ridiculous rulings indicate she is thoroughly Leftist:
“In Silicon Valley, Lucy Koh Is the Law:
“‘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.
“Which is the job of the Legislative – not the Judiciary. If she wants to change the law – she should ditch the robe and run for Congress.”
Koh is not a judge. She is a judicial activist.
Most of the time – judicial activists get away with it. But every once in a great long while, we revert to the Rule of Law – rather than the Rule of Men (and Women). A very nice little hiatus – whenever it comes to pass.
“According to the filing, Qualcomm successfully raised ‘serious questions’ on the merits of a district court’s antitrust ruling. As such, the company can maintain existing license terms with customers, offer modem chips under condition of a customer’s patent license, and is not required to offer standard essential patent licenses to modem suppliers.”
And which district court judge issued this ruling? That raised “serious questions?” That got the frigging Ninth Circuit Court of Appeals to stay said ruling?
“Judge Lucy Koh determined Qualcomm(’s patent licensing) violated federal antitrust laws and ordered remedial actions that call for the firm to restructure current and future licensing tactics.”
Suing a patent and its holder for being a monopoly – is like suing Shaquille O’Neal for being tall. O’Neal is inherently large. A patent is inherently a (temporary) monopoly.
Koh should have thrown out the case brought against patent holder Qualcomm…in no more than five seconds. Instead….
Hey Judge Koh: When you are too far Left for the Ninth Circuit – you have REALLY gone off the edge of the map.
Koh’s entire ruling – and how she handled the entire case – was entirely absurd:
“Judge Koh – dismissed two dozen witnesses put forward by San Diego, California’s Qualcomm.
“And went whole hog with…Communist Chinese cellular company Huawei. That also happens to be a direct competitor of Qualcomm.
“Judge Koh cited Communist Chinese, Qualcomm-competitor Huawei…134 times in her 233 page order.
“Because Judge Koh didn’t care about…you know, facts and dubious Communist Chinese witnesses and stuff. She cared about imposing her personal Leftist policy preference.”
And what have we since learned about Koh’s star Intellectual Property (IP) witness – Communist China’s Huawei? Whom she cited more than once per two pages – for 233 pages? In her ruling that Qualcomm’s handling of its IP was illegal?
“(O)n Thursday, the 29th of August 2019, US Prosecutors had set out a new investigation against the Chinese tech conglomerate accusing the Shenzhen-based telecommunication equipment maker of alleged technology theft….
“On top of that,…the Chinese tech titan was accused of stealing intellectual property from companies alongside individuals for multiple years by recruiting employees from its rivals….
“Aside from that,…the latest probe on Huawei would be looking in to the business practices of the Chinese tech conglomerates which had not been covered in the regulatory clauses….”
Wait – “the latest probe?” Not the first?
Of course not. To sort-of-quote the last line of the 1974 cinematic classic:
“Forget it, Jake. It’s China(town).”
Hey Huawei: When you are too far Left for fake news CBS’ fake news 60 Minutes – you have REALLY gone off the edge of the map.
NONE of Huawei’s ongoing, rolling massive IP theft – should come as a surprise to anyone.
Because like mother – like son.
Communist China has spent the last forty-plus years – stealing trillions of dollars of our IP.
And Huawei – is an appendage of the Chinese Communist Party.
IP theft is a fundamental component of Communist China’s business model. So IP theft is a fundamental component of Huawei’s business model.
So NONE of Huawei’s ongoing, rolling massive IP theft – should come as a surprise to anyone.
Most especially Judge Koh. Who does just about nothing but IP and tech cases for a living.
Koh should have dismissed any and everything Huawei had to say.
Instead, she did exactly that with more than two dozen Qualcomm witnesses.
And instead cited Huawei more than once per two pages – for 233 pages.
Because Koh is not a judge. She is a judicial activist.
Thank God part of her idiocy was stayed.
Hopefully until the entirety of her idiocy is overturned.
This first appeared in Red State.