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

In Europe, More People Turn to Russia for Answers, Not Microsoft
The future of computing doesn't look pretty
SLAPP Censorship - Part 48 Out of 200: Brett Wilson LLP and 5RB Copy-Pasting Bogus Claims for Violent Americans (Microsoft) Who Tell Women to Kill Themselves
Microsoft's Graveley telling his partner to kill herself is probably a crime
 
Strikes at the EPO Carry on, Staff Union of the European Patent Office (SUEPO) Increases Pressure Ahead of Technical and Operational Support Committee (TOSC) Meeting Next Week
the local section The Hague (or SUEPO TH) wants to rally many staff members
Gemini Links 16/04/2026: LLM Nuisance, Identity Systems (Surveillance), and Why Windows is Failing
Links for the day
'Going Offline' is Not Primitivism
Computers are good at automation, but people are not robots
The Register MS Has Published Article With "AI" 18 Times in it, "Cloud" 9 Times. It Got Paid to Do This.
What happened to journalism?
The EFF Is Hardly Doing Anything Anymore
Our series about the EFF has been brewing for over 2 years already
Microsoft Uses Slop to Bribe (at No Cost) Nations That Otherwise Would Move to GNU/Linux and IBM is Forcing Red Hat Staff to Use Slop
Life it too short to waste "consuming" slop
Links 16/04/2026: Roblox Launching ‘Roblox Kids’ Accounts and "Deepfake Nudes Crisis in Schools"
Links for the day
Red Hat Staff: IBM Red Hat Laid Off About 400 Engineers, the Media Did Not Cover This
The media is not doing its job or doing a really shoddy job
Gemini Links 16/04/2026: Nocturnal Pulse, Unpersoned Outlaws, and Monaspace Lagrange Fontpacks
Links for the day
Richard Stallman Lecture in GDC Auditorium in Austin, Texas
corporate power could not 'cancel' the man
It's Not About the Head, It's About the Masters (and Funding)
Regardless of who the OSI claims to be its leader, its masters are Microsoft, just follow the money
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 15, 2026
IRC logs for Wednesday, April 15, 2026
Links 15/04/2026: Geelong Corio Refinery Fire, Journalist Sentenced for "Insulting the President"
Links for the day
Gemini Links 15/04/2026: Organiding .bashrc with Imports, Oddμ as SSG
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 14, 2026
IRC logs for Tuesday, April 14, 2026
The Deleted Article About Mass Layoffs at IBM (April 2026)
Resurrected
Lots of Positive News Lately, Microsoft GitHub in Trouble
it's not too crazy to speculate about GitHub being the next Skype (or CodePlex)
The Register MS Has "Webinars" (Marketing); They're Promoting Ponzi Schemes or Slop But Disguised as "Intelligence"
These "webinars" are just spam displayed to people as if it contains real information
It Was Always About Freedom and Sovereignty (or Self-Determination)
About 24 hours from now Richard Stallman (RMS) will be giving a talk in Texas
Mass Layoffs at IBM Again, Just in Time for the Fake "Results" Next Week
Slopfarm will issue some chaff to give an illusion of journalism
Windows (Microsoft) in Botswana Falls to Another New Low
Botswana is a fairly large country
SLAPP Censorship - Part 47 Out of 200: British Courts Are Not Censorship Offices for Americans Funded by Affluent Third Parties
Solicitors Regulation Authority (SRA) was scrutinised by our government
More Than 6 Months After a Very Close Friend of António Campinos and EPO Official Caught With Cocaine Campinos is Cracking Down on - or Stealing From - EPO Staff
Now they go after the "Education and Childcare Allowance"
Links 14/04/2026: Data Breaches and LLM Slop in Courts
Links for the day
Gemini Links 14/04/2026: Mastodon in the Terminal and a Voxel Engine
Links for the day
Links 14/04/2026: Against US Monopolies in UK, Legal Action Against Twitter
Links for the day
The Solicitors Regulation Authority (SRA) Under Scrutiny Today in the British Government's Meeting, Grilled for Its Failure to Regulate Rogue Law Firms
Things are not improving
The Series About SLAPPs Funded by Third Parties: All Parts Thus Far
index for today
SLAPP Censorship - Part 46 Out of 200: Alex Graveley's Attorney Rick Cofer Did Not Deny That Graveley Had Strangled Women; He Did, However, Pay Local Officials
some background about SLAPPs that began in 2021 very shortly after I wrote about corruption at Microsoft GitHub
The EPO's Attitude Towards Women and Media Silence on EPO Unrest
There's media blackout about very critical matters
Gemini Links 14/04/2026: Greed Versus Stability; Board and Card Games
Links for the day
Links 14/04/2026: Cheeto Loses Defamation Lawsuit Against the Media, "France Takes Its 129 Tonnes of Gold Uut of New York"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 13, 2026
IRC logs for Monday, April 13, 2026