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    Petition for Certiorari Denied Without Opinion: Patent Case 93-1518
    Petition for Certiorari Denied Without Opinion: Patent Case 93-1518
    Petition for Certiorari Denied Without Opinion: Patent Case 93-1518
    Ebook53 pages43 minutes

    Petition for Certiorari Denied Without Opinion: Patent Case 93-1518

    By James Constant

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    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 The The lower courts rubber stamped the fraud and ordered their decisions not for publication.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.

    LanguageEnglish
    PublisherJames Constant
    Release dateAug 13, 2013
    ISBN9781301666515
    Petition for Certiorari Denied Without Opinion: Patent Case 93-1518
    Author

    James Constant

    writes on law, government, mathematics and science, as they are and as they should be

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      Book preview

      Petition for Certiorari Denied Without Opinion - James Constant

      Petition for Certiorari Denied Without Opinion – Patent Case 93-1518

      Affirmative Defenses Trump Patent Claims

      By James Constant

      Smashwords Edition

      Copyright © 2001 by James Constant

      Smashwords Edition, License Notes

      This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.

      No. 93-1518

      In The SUPREME COURT OF THE UNITED STATES

      October Term, 1993

      In Re: JAMES CONSTANT, Debtor, Appeal Court Nos 92-55465,92-56220, 92-56475

      JAMES CONSTANT, Petitioner,

      v.

      ADVANCED MICRO-DEVICES, INC.; KRISTIN M. CANO; KANE, DALSLMER, SULLIVAN, KURUCZ, LEVY, EISELE & RICHARD; AT&T PARADYNE; JONATHAN R. ELLOWITZ; ANTHONY DE ALCUAZ; SKJERVEN, MORRILL, MACPHERSON, FRANKLIN & FRIEL; MORRISON & FOERSTER; LIMBACH & SUTTON; FUJITSU, LTD; FUJITSU MICROELECTRONICS; PAUL MALINGAGIO; SHEPPARD, MULLIN, RICHTER & HAMPTON; BAKER MILLS & GLAST; ACKER, UNDERWOOD & SMITH; FPS, INC; FULLBRIGHT & JAWORSKI; AMERICAN TELEPHONE & TELEGRAPH; SPENSLEY, HORN, JUBAS & LUBITZ; HITACHI AMERICA, INC.; PRETTY SCHROE- DER, BRUEGGEMAN & CLARK; HOPGOODE, CALIMAFDE, KALIL, BLAUSTEIN & JUDLOWE; ANALOG DEVICES, INC.;NEC ELECTRONICS, INC.; BLAKELY, SOKO- LOFF, TAYLOR & ZAFMAN; BROWN & BAIN; MARCEL HOFF; INTEL CORP.; ROMNEY, GOLANT, MARTEN & ASHEN; AMERICAN MICROSYSTEMS, INC.; GOULD, INC.; TEXAS INSTRUMENTS, INC.; GROSSMAN, GRAVEN, PERRY & BLOCK; DIGITAL SWITCH, INC.; GRANGERASSOCIATES, INC.; MUNGER, TOLLES & OLSON; ARNOLD; ROCKWELL INTERNATIONAL, INC.; TRW, INC.; WHITE & DURKEE; DAVID L. RAY, Trustee; SALTZBURG, RAY & BERGMAN, Respondents

      PETITION FOR WRIT OF CERTIORARI.TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

      James Constant, Pro-per Petitioner

      i

      QUESTIONS PRESENTED

      Should this Court resolve direct conflicts between the court of appeal's decisions and decisions of this Court and other Circuit Courts on the following matters:

      1. Whether affirmative defenses of patent invalidity and of res judicata are claims for purposes of final Judgments under Federal Rule of Civil Procedure 54(b).

      2. Whether affirmative defenses of patent invalidity and of res judicata are claims for purposes of jurisdiction under 28 USC 1338,1331,1343,1334 and 28 USC 157(b)(2) (B) and (C).

      3. Whether affirmative defenses of patent invalidity and res judicata offend due process when they deprive petitioner's right to be heard on claims of his complaints.

      4. Whether the appeal court can make its decision without an inquiry into the question of subject matter jurisdiction raised by petitioner in the action.

      5. Whether Judgments in earlier cases may be subsequently attacked for lack of subject matter jurisdiction when it appears that the earlier judgments were manifest abuses of authority or have seriously impaired the public interest by deciding complaints on the basis of affirmative defenses of patent invalidity and res judicata or have infringed due process of a party's right to be heard on claims of a complaint.

      ii

      6. Whether sanctions under Rule 11 of the Federal Rules of Civil Procedure can be considered on issues of defense in papers not signed by petitioner.

      7. Whether a creditor's judgment is a lien against United States Patents under 28 USC 1962.

      8. Whether courts have jurisdiction of subject matter to order the assignment of United States Patents by operation of California State laws.

      iii

      TABLE OF CONTENTS

      OPINIONS BELOW

      JURISDICTION

      CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

      STATEMENT OF THE CASE

      REASONS FOR GRANTING THE WRIT

      A. Judgments In Earlier Cases And In Instant Case Are Not Final

      B. Judgments In Earlier Cases And

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