EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

07.28.18

Microsoft’s Biggest Patent Troll Now Leverages the US ‘International’ Trade Commission (ITC) for Embargo Attempts

Posted in America, Microsoft, Patents at 3:21 pm by Dr. Roy Schestowitz

The world

Summary: The latest reports about the supranatural court that works from the US and imposes US patent law worldwide serve to show that Intellectual Ventures too has its finger in the pie

THE USPTO has granted truly awful patents for a number of decades. The chart (graph) of the number of granted patents (over time) makes it abundantly clear. The problem is that low-quality patents won’t always be tested by a court and many lawsuits predate the Patent Trial and Appeal Board (PTAB), which uses inter partes reviews (IPRs) to invalidate US patents outside of courts, too.

“These people can and do assert control over foreign companies.”A dozen years ago Microsoft used patents to embargo a rival from East Asia, not from China but from Asia in general (although the production is often in mainland China, Microsoft’s production included). Microsoft filed a complaint at the ITC and managed to block the competition (in the area of computer mice). We covered that at the time.

ITC has since then made quite a few headlines and yesterday Docket Navigator wrote about it, which is rare (citing “LED Lighting Devices, LED Power Supplies, and Components Thereof, 337-TA-1081 (ITC July 24, 2018, Order) (Lord, ALJ)”). To quote: “The ALJ denied respondents’ motion for summary determination that complainants could not satisfy the economic prong of the domestic industry requirement because of their de minimis domestic investments.”

ALJ stands for Administrative Law Judge, which at the United States International Trade Commission is a high position. These people can and do assert control over foreign companies. Well, the ITC and its ability to impose embargoes is on the line again. Richard Lloyd from the patent trolls’ lobby (IAM), a known cheerleader of Microsoft’s biggest patent troll, now speaks of efforts to embargo the rivals (of Microsoft, as usual) using the ALJs. To quote: “An International Trade Commission judge has called into question Intellectual Ventures’ ability to get an injunction against several car manufacturers and industry suppliers in what is a key case in the firm’s attempts to license much of the sector. A failure to get a favourable verdict from the ITC would come as a considerable blow to the broad assertion campaign that IV launched last year. In a hearing earlier this week, Administrative Law Judge Thomas Pender suggested that IV had not done enough to satisfy the domestic industry requirement.”

This isn’t really about cars (there are many non-vehicular things inside cars these days). Another new article by Yury Kalish and Blaney Harper (Jones Day) has meanwhile emerged at Mondaq, the context for this case having been covered here dozens of times before. ITC basically continues to make products deliberately worse, ignoring judges at PTAB when they say the patents at hand are invalid. As Yury and Blaney put it a few days ago:

The underlying investigation between the Complainant, Cisco Systems, Inc. (Cisco) and Respondent, Arista Networks, Inc. (Arista) concluded in May 2017 when the ITC found that Arista, infringed two of Cisco’s patents – U.S. Patent Nos. 6,377,577 (“the ’577 patent”) and 7,224,668 (“the ’668 patent”). The ITC subsequently issued an LEO and a CDO against Arista.

[...]

Parties at the ITC should pay particular attention to the usefulness of redesigned products at the ITC. Respondents should look to incorporating a redesigned product into their case strategy early and Complainants should consider how to address any such redesigns, including how to effectively utilize modification and enforcement proceedings. As this case demonstrates, the ITC gives little deference to PTAB proceeding unless all appeals have been exhausted.

This has been truly incredible; the ITC’s ALJs basically assert that they are above all other courts and can simply disregard other courts’ rulings. What sort of justice is this? Embargo first, ask questions later? And now they even open their doors to Microsoft-connected patent trolls such as Intellectual Ventures, whose patents are very often invalidated by the Federal Circuit? This is very wrong.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Offence and Racism

    o those in positions of power and privilege (financial) you are controllable by guilt; dividing us and causing us to feel guilt and fear (over potential offence) is a powerful social control mechanism and pretext for dismissal, censorship, humiliation



  2. Links 3/7/2020: TrueNAS 12 Beta 1, Librem 13 Product Line

    Links for the day



  3. [Humour] European Patents Only Useful Outside the Legal Framework?

    Patents that aren't valid in the eyes of courts would best serve patent trolls that settle out of courts, en masse



  4. Microsoft's Share in Web Servers Rapidly Falls to Just 4.5% (Falling More Than 5% in a Single Month)

    Microsoft's share as measured at Netcraft (de facto authority in this area) is rapidly declining; expect IIS to go the way of the dodo some time in the coming years



  5. The Lock-downs Are Over and Still Zero Media Coverage About EPO Scandals and Corruption

    The appalling state of journalism in Europe (and to some extent in the world at large) means that the EPO's management can get away with all sorts of horrible crimes and fraud; the silencing of the media is, in its own right, quite scandalous



  6. IRC Proceedings: Thursday, July 02, 2020

    IRC logs for Thursday, July 02, 2020



  7. “Microsoft's Deadly Love” by Alessandro Ebersol (Agent Smith)

    Full credit goes to PCLOS Magazine for publishing this good piece, which we’re reproducing



  8. Links 2/7/2020: Microsoft Partner Says GNU/Linux Share in Desktops/Laptops at 4% Even After Lock-downs, OpenSUSE Leap 15.2 and Mageia 8 Alpha 1 Released

    Links for the day



  9. Why People Should Never Ever Use DuckDuckGo

    DuckDuckGo is another privacy abuser in disguise; the above forum thread enumerates key reasons



  10. After 2 Years and 2 Days António Campinos is a Perfect Leader, Fostering EPO Abuses While Smiling

    EPO corruption persists, but this time the corruption enjoys better marketing/PR and complicit (or at best silent) media



  11. [Humour] As If Monopolies for Life Will Save People's Lives...

    The mentality of monopoly or the mindset of patent maximalism has been quick to exploit the deaths of half a million



  12. IRC Proceedings: Wednesday, July 01, 2020

    IRC logs for Wednesday, July 01, 2020



  13. IBM-Funded FSF Censors Itself on Software Patents

    Donald Robertson’s article bemoaning and openly condemning the U.S. Patent and Trademark Office (USPTO) over software patents, which it illegally grants in some cases, was modified a week later; and why? One can only guess… (but remember that the FSF’s foremost sponsor is lobbying against 35 U.S.C. § 101 and for software patents)



  14. [Humour/Meme] Remember That As Recently as Last Year Microsoft Was Still Shaking Down and Even Suing Companies Over 'Linux Patent Infringement'

    There's no 'new Microsoft' except a (better at) lying Microsoft; its covert actions tell us a lot about its ongoing hatred of GNU/Linux, which it is assaulting in new and more sophisticated ways



  15. Contrary to Common Misconceptions, Free Software is More 'Corporate' or More 'Enterprise-Grade' Than Proprietary Abandonware (All Proprietary Software Will Die)

    Free software can leverage the superficial and bland boardroom lingo/slang to promote itself; it would definitely harm or dilute/weaken the terms which proprietary software giants like to leverage against us



  16. Social Control Media Will Not Exist One Day

    Digital obsolescence and Internet bitrot — that’s what Social Control Media is really good for; as many Google+ ‘users’ (useds) found out, they’re just being ‘farmed’ for their ‘content’, which is neither valuable nor resilient (definitely of no value to Google)



  17. What Freedom of Software Actually Means to Us

    Liberty or libre (freedom) is about more than brands or personalities, as names or institutions or individuals can change or completely perish; but concepts outlast superficialities



  18. [Humour] Thinking Beyond Just the Linux Brand

    We're supposed to believe that because "Linux" is dominant we finally have freedom; but almost all the very big companies that are using GNU/Linux leverage it for freedom-hostile purposes and keep about 99% of their code secret from us, so the fight for software freedom must go on



  19. Corporate Media Blames 'China' and 'Open Source' for Back Doors in Microsoft's Intentionally Flawed Proprietary Software That's Causing Chaos

    'Red Scare' tactics are being used to divert attention away from Microsoft's incompetence and conspiracy with the NSA (to put back doors in everything, essentially making all software inherently vulnerable, by design)



  20. Microsoft Has Infiltrated Authorities and/or Their Consultation Processes

    In the European Union, the United States and just about everywhere else in the world one can find Microsoft officials replacing public officials, as if the decision-making too has been outsourced to the "Good Folks" from Microsoft



  21. Links 1/7/2020: Tails 4.8, Serpent OS

    Links for the day



  22. IRC Proceedings: Tuesday, June 30, 2020

    IRC logs for Tuesday, June 30, 2020



  23. EPO Management Celebrates the Lowering of Patent Quality While Granting Invalid Patents (IPs) Instead of European Patents (EPs)

    Europe's most autocratic institution continues to cheat and lie to everybody; even twice in one day, together with... the Communist Party of China (through CNIPA)



  24. Links 30/6/2020: OpenSUSE Leap 15.2, 4MLinux 34.0 Beta and IPFire 2.25 - Core Update 146

    Links for the day



  25. [Humour] There's Always a Way... (to Grant Patents on Almost Anything)

    The referral from European Patent Office (EPO) President António Campinos leaves the door open to patents on life, provided one paints those as uniquely clever, e.g. GMO (same tricks for software patents in Europe with “Hey Hi” — an overblown buzz wave)



  26. Crocodiles Can Only Ever Fake Empathy

    Greenwashing, pinkwashing, openwashing and abduction of various authentic civil rights movements (centered around gender, race, and sometimes economic issues) is very easy and cheap relative to the depths of corporate pockets; the problem is, those things help distract the 'masses' from objectively immoral and universally unacceptable acts



  27. [Humour/Meme] History in the Making or History Being Rewritten?

    he idea that history can just totally eliminate particular people and particular views overlooks the very nature of historical studies; banning words impedes the telling of history itself and society cannot tackle the underlying issues without talking about them



  28. A Lot of Things Are Offensive to Someone and Appeasing the Easily Offended is an Endless Adventure That Can Offend Free Speech Ideals

    Free speech may be the main casualty of the recent flamewars, which were initially rationalised as ethics-driven and nowadays boil down to speech police



  29. Feeling Vindicated About the Harms of Social Control Media Being Widely Recognised

    The cleansing of social control media sites reinforces our long-held views about social control media in general



  30. [Humour/Meme] ZDNet Promoting LOT/OIN as a Force for Good. Says a Lot About ZDNet...

    ZDNet has long been a mouthpiece or a parrot for LOT and OIN (overlaps exist); that says so much about the software patents agenda of ZDNet and its parent company, which became defunct 6 months ago, then passed to friends of Bill Gates (privately-owned)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts