Bonum Certa Men Certa

CCIA Chastises ITC for Allowing Embargo Based on Invalid Patents of Cisco

SquirrelSummary: Weaseling its way into embargo of the competition, Cisco relies on patents which are already deemed invalid

THE very act of granting a patent can lead to much devastation and pain. Examiners at the USPTO hopefully recognise this.



"We need to get rid of the notion that patents are a surrogate for innovation, especially when patent scope (e.g. leniency) can vary over time."For those who are still deluded enough to believe that the more patents get granted the greater innovation will be, see this report from earlier this summer. We need to get rid of the notion that patents are a surrogate for innovation, especially when patent scope (e.g. leniency) can vary over time.

Cisco is not an innovator; not as much as it's a monopolist or a near-monopoly in some areas. Days ago, one of Cisco's few competitors bought a company [1, 2]. To quote one of the reports: "He also spent seven year working at Cisco and apparently holds more than 10 patents for his work at both Cisco and at Juniper."

"Cisco is not an innovator; not as much as it's a monopolist or a near-monopoly in some areas."They are using patents to merely cement or protect their place in the market. It's protectionism. What is the value of these patents? Are these patents really indicative of innovation?

Well, judging by some of Cisco's ongoing legal cases, at least some of Cisco's patents are bogus. As covered here before, Cisco had been preying on its competitors using patents for a number of years and recently got an injunction enforced even though the patent at hand was deemed invalid by PTAB. "Now The ITC Is Banning Products Over Invalid Patents," CCIA exclaimed at the end of last month, framing the situation like this:

The International Trade Commission (ITC) is supposed to protect U.S. industries from unfair foreign competition. They’re supposed to consider the interests of the U.S. public. But recently, it seems more like the ITC is interested in the ITC’s own power, not the interests of U.S. industry or the public.

Setting aside problems with their procedures that would be solved by adopting the Trade Protection, Not Troll Protection bill proposed by Reps. Cardeñas and Farenthold, the ITC is now banning products—based on patents that the USPTO has declared invalid.

[...]

This is just one more example of a recent ITC trend of ignoring the public interest and failing to protect U.S. industries.

A few weeks ago, the ITC decided to investigate Apple based on Qualcomm’s complaints. They did this even though Qualcomm’s complaint was part of a clear strategy to maintain their baseband processor monopoly, an issue briefed to the Commission by numerous third parties (including in my own comments filed at the ITC.) Instituting Qualcomm’s request harms the public interest, a direct contradiction of the ITC’s mission.

And now the ITC is going to exclude importation of products designed and sold by Arista Networks (headquartered in Santa Clara, California), because they don’t want to recognize the PTAB’s authority to determine that a patent should be withdrawn from issue. They’re going to bar the import of a U.S. company’s products because they don’t want to wait to see if the PTO’s decision will be upheld on appeal, even though most PTO decisions are.

What’s the point in telling the ITC to consider the interests of U.S. industry and the U.S. public if they aren’t going to bother doing so?


Well, in relation to that last line, we wrote many articles to show that ITC serves large US corporations at the expense of everyone else.

"Mr. Levy appears to have left (or gone inactive); the 'new' guy is a lot more focused on important areas and his articles in Patent Progress are worth paying attention to."We are happy to see some of the latest articles from CCIA. Mr. Levy appears to have left (or gone inactive); the 'new' guy is a lot more focused on important areas and his articles in Patent Progress are worth paying attention to.

Recent Techrights' Posts

Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
 
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work