Bonum Certa Men Certa

The United States International Trade Commission is an Embargo-Loving Bully That Ignores Invalidation of Patents at Hand

It's also utterly biased in favour of -- you've guessed it -- US giants

Due process
Reference: Due process



Summary: Due process or inaction until guilt is proven not a concept that is honoured by the International Trade Commission (ITC), based on Cisco's case against Arista Networks (last covered here a week ago)

HERE IN TECHRIGHTS we are proponents of PTAB for all sorts of reasons; the patent microcosm loathes PTAB, but the actual producing industry appreciates it and guards it. As for the ITC (we wrote a lot about it before), it's being incredibly irrational in blocking imports; here is one recent example of it. There are over a dozen other examples which we wrote about over the years. We repeatedly noted that there is nothing "international" about the International Trade Commission and it is too biased to be taken seriously as a patent 'court'. It's simply enjoying too much power which is frequently overused.

"We repeatedly noted that there is nothing "international" about the International Trade Commission and it is too biased to be taken seriously as a patent 'court'."Such was the case in this scenario that several law firms covered towards the end of the week [1, 2, 3]. "The ITC recently continued its trend of giving little deference to parallel PTAB IPR proceedings," said one group of writers (marketing for their firm). "Though IPR remains an effective tool for defending against infringement allegations in district court," they concluded, "this may no longer be true for ITC actions."

Here is the entire concluding bit:

Though IPR remains an effective tool for defending against infringement allegations in district court, this may no longer be true for ITC actions. Unless they file an IPR before being sued in the ITC, it is unlikely that a respondent in an ITC action would be able to obtain a final written decision from the PTAB in a parallel IPR proceeding before the ITC issues a remedial order. Furthermore, as this case demonstrates, even if the respondent is able to obtain a final written decision from the PTAB, the Commission may refuse to suspend or rescind the remedial orders until all appeals of the PTAB decision have been exhausted and the Director of the USPTO issues a certificate cancelling the unpatentable claims. Given how long these appeals can take, the damage to respondent's business by the remedial orders may already be done unless the respondent has a design-around.


In simple terms, the ITC jumped the gun and imposed an embargo/injunction using a questionable patent; even when PTAB deemed this patent invalid the sanctions remained in tact. It's financially destroying the defendant (cannot import products to sell). Cisco is crushing a smaller rival this way.

What kind of justice is this? Where is due process? Is the accused presumed guilty until cleared of allegations/charges? This is another big stain on the ITC's reputation. Nobody is safe (not even the innocent parties) and this is the kind of threat UPC would bring to Europe. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
 
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026