Imagine if a right-wing Christian judge tosses out anti-creationism lawsuits, or pro-RIAA judges toss out anti-RIAA lawsuits. Even worse, imagine a judge indirectly on the RIAA payroll! Granted, these are all a long ways away from this case, but I believe that applauding this judge's actions is the wrong reaction.
Your view is what: that we don't want judges doing the right thing because the legal systems is somehow karmicly bound to follow it with a bad decision in some other case?
To hell with that. Posner is a hero right now. I say we celebrate.
If there are bad laws on the books that are only sporadically enforced, then people are being denied the very fundamental right of equal protection. That's never good in the long run.
That is to be upheld too. There are bad cases that try to use bad laws, this was the one. You seem to be on the other side of this but that doesn't make it so that there was any 'rewriting' done by this judge. He upheld the law as in, sides were not allowed to give proof of infringement based on their own 'specialists'. Because that can turn the court to a circus as is always the case when people end up comparing rectangular shaped objects. This set the tone for the conclusion in a massive patent troll case. This may happen more and more from now on and it will bring needed change.
The current state of the patent system is at odds with the intent of patents as vaguely defined in the Constitution and clearly fair game for extensive judicial review.
Oracle had it easier because there were willing to license the patents and copyrights at issue (and Sun had even talked to Google about this). That made the lost licensing revenue a helpful data point with respect to damages, but with or without that there was a hurdle Oracle dealt with that Apple/Motorola didn't (based on Judge Posner's ruling).