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

New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
The UEFI hype and Microsoft's lies
By Sami Tikkanen
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
 
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025
Another Day and Another LLM Slopfest From Madame Day at the Slopfarm LinuxSecurity.com
Can't take a break, can she?
Sucking Up to Fascists (Like IBM's Watson Sucked Up to Adolf Hitler in the 1930s) Did Not Help IBM
IBM could stick to better principles, but instead it treats the Free software community and even its own staff like trash
Links 01/03/2025: GB News Loses Over 100 Million Pounds, Zelensky Wins World's Sympathy
Links for the day
Getting Serial Sloppers to Knock the Habit of Plagiarism by LLM Slop
All in all, the fewer the slop objects, the better
As Prices Soar and Services Shut Down (Even YouTube Starts Demanding Money for the Original or a Tolerable Experience) It's Time to Explore the Real Alternatives
https://inv.nadeko.net is the most viable instance of Invidious these days
Gemini Links 01/03/2025: Amends and GNU/Linux
Links for the day
Links 01/03/2025: Scam Altman's Latest Excuse, Google Price Hikes
Links for the day
Justice Will Find Its Way at the End
We deserve an award, not SLAPP, for what we've done
March Already, Rumours of IBM Layoffs in Brazil
Red Hat might be impacted too
Links 01/03/2025: Squashing Software Patents, USPTO Facing Additional Cuts
Links for the day
Links 01/03/2025: UNM Gopher and Getting One's Pages on gemini://
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 28, 2025
IRC logs for Friday, February 28, 2025