Host:Wang ZhenminDean

Speaker: ChiefJudgeRandallRaderAmerica, Federal Circuit Court of appeals (CAFC) Chief Justice

Speech language: English

Time:2013Years6Month16DaySunday.14:00-15:30

Location: Tsinghua University law school moot court

Summary:

The patentability of computer software from1970Time becomes difficult problem of the patent law, America court had on this issue to try again. For example, the Supreme Court decisionBensonCase,FlookCase,DiehrWait.2000And, combined with the business methods and computer program, the computer software can bring new uncertainty of patent. American Supreme Court in recent years to clarify the boundaries between abstract ideas and concrete technology in a series of cases tried, for exampleBilskiCase (2010),MayoCase (2012) etc.. However, the Supreme Court has not been able to rule of law is clear. In the2013Years5Month USA Federal Circuit Court of appeals court to attend the trial and verdictCLSBankV.AliceIn the case of,The court declared that the dispute in invention is not protected, highly fragmented,Not able toTo reach any consensus. This result is surprising, once again shows that USA method on the patentability of computer software is still a mess. Hope that the chief judge America Federal Circuit Court of AppealsRaderTo reveal the source of chaos software patent to us......

[the above text is organized, self prepared, does not represent the chief justice position. ]

Speaker introduction:

Education.

George Washington University, doctor of law,1978

Brigham Young University, Bachelor of arts,1974

Work experience:

The chief justice, the Federal Circuit Court of appeals,2010So far

The judge, American Circuit Court of appeals,1990Years8January2010Years

The judge, America court of federal claims,1988Years to1990Years

The chief adviser,USA Senate Judiciary Committee,1980Years to1988Years

Director of the law, American House Ways and Means Committee1978Years to1988Years

Rep.PhilipCraneConsultant,1978Years to1988Years

Staff, USA house,1975Years to1980Years

Rep.VirginiaSmithLegal adviser,1975Years to1978Years

RaderThe judge is the most international influence of the judge, the Federal Circuit Court of appeals as a court of appeal specifically to hear the major intellectual property rights case, have a profound impact on the America and global intellectual property development.RaderThe Federal Circuit Court of appeals, as is the chief judge, he to intellectual property law solid strength and visionary judgment, is of great significance to participate in court cases on American patent law of development, but also to the intellectual property rights legislation, judicial world have a role in promoting. During his tenure in the America Circuit Court of appeals,RaderThe judge also served as the University of Virginia School of law, Georgetown University Law Center, Munich Intellectual Property Law Center and a professor at George Washington University law school professor, patent law and other intellectual property rights in the curriculum, is welcomed by the students. On the other hand,RaderThe judge with his trial experience, patent law textbooks in compiling several America law school in general, including the "patent law, cases and materials" and "patent law" and other essentials of books, and was translated into Japanese and Chinese popular in East asia.

RaderThe judge to the senior judicial experience and rich teaching experience, won several awards, including:2009YearsSedonaIntellectual property law lifetime achievement award,2003Years and2008The best teacher's award of George Washington University law school, New Jersey Intellectual Property Law AssociationJeffersonMedal, California University Berkeley Law & Technology Center Distinguished Service Award, George Washington UniversityJ.WilliamFulbrightThe distinguished service award,1983The young lawyer award from federal federal bar association.RaderThe judge during his tenure, repeatedly led or participated in more than 60 to external delegation, to the latest progress and trend abroad exhibition and exchange USA intellectual property law.RaderIn developing countries, especially for the patent law, practice, theory, law school student lectures, have positive and far-reaching effects on developing intellectual property law and practice.RaderThe judge also served as a visiting professor at the Tongji University, Jinan University and other colleges and universities China, provide American the latest intellectual property judicial trends for students, scholars China.

         Tsinghua University School of law

         2013Years6Month8Day