Stephen Wyden v. Commissioner of Patents and Trademarks

Convinced that this court lacks jurisdiction, I cannot join the court in deciding the merits of this appeal. Nor (absent congressional revision of 28 U.S.C. § 1295 or Supreme Court reversal in this case) can I escape what I see as the effect of the present exercise of jurisdiction on future appeals in which our jurisdiction is said to be present simply because an involved statute “relates to patents.”

With all due respect, my reasons follow.

“Judicial power is never exercised for the purpose of giving effect to the will of the judge; always for the purpose of giving effect to the will of the…