Bonum Certa Men Certa

“US International Trade Commission Supports Patent Trolls”

United States International Trade Commission seal



Summary: How the International Trade Commission (ITC) is adding to harm already caused by the USPTO

ON many occasions in the past we criticised the ITC for incentivising embargoes. Apple and Microsoft both misuse this power.



Law.com has this new report and Florian labels it an "article on how the US International Trade Commission supports patent trolls"

Patent Litigation Weekly: ITC Rolls Out the Welcome Mat for 'Trolls'"



[...]

The International Trade Commission was created in 1916 to protect U.S.-based companies that made and sold goods within the country's borders. In recent years, however, the agency's definition of what qualifies as "domestic industry" has expanded to the point that small patent-holding companies with just a handful of employees (Saxon Innovations, St. Clair Intellectual Property Consultants) and even individual inventors have been allowed to proceed with ITC litigation.

Congress helped expand the ranks of who could seek remedies at the ITC in 1988 when it amended the "domestic industry" requirement to include "licensing" as qualification. Patent-holding companies have relied on that change ever since to justify their arguments that the taxpayer-funded ITC should ban imports of certain products on their behalf. Of course, in 1988, the patent litigation landscape was very different, and patent-holding companies—aka "non-practicing entities," or "patent trolls"—in the modern sense simply didn't exist.


It is curious that a US agency is called "International Trade Commission". There are other examples like that, but they are beyond the scope of this post although these too employ sanctions/blackmail. See what the International Intellectual Property Alliance (IIPA) does to Free software for example. It's a recent case.

“The ITC is a mechanism of colonisation and it assumes that the United States deserves the power to restrict trade beyond its borders.”Given the harm ITC can cause to innovation, more countries need to voice dissent. The ITC is a mechanism of colonisation and it assumes that the United States deserves the power to restrict trade beyond its borders. It's hardly conceivable that huge populations like Brazil or India would impose similar restrictions using their hypothetical newly-minted agencies, which would in turn operate beyond their borders.

The ITC not only serves US interests; it also serves the interests of aggressors like Apple and Microsoft or parasites like Acacia, whose case against Linux we recently covered in:



According to Groklaw, some of the site's contributors played a role in defeating Acacia, which has former Microsoft executives amongst its staff.

First, a call went out on Groklaw for prior art. When news of this litigation first broke in 2007, and I asked if any of you knew of any prior art, one of the first comments mentioned the Amiga. I kid you not. Another almost immediately mentioned still owning an Amiga or two. In 2009, Red Hat officially asked the world for prior art, and again someone here mentioned the Amiga. So you guys knew before the lawyers did, which of course you would. It's your area of expertise. That's what I get from it. And that I should have made sure they were reading Groklaw in 2007. Next time.

Better still, you want to help. When Novell put out a statement about the jury's ruling, it said that the open source community will always fight for its software. And that is true. It did, it still does, and it always will.


Isn't it ironic that Novell says this (rather than Red Hat, for example)? It is Novell which is harming the Free software community, parts of which are fighting against Novell/Microsoft. That's the type of shameless PR we wrote about earlier today (Novell routinely uses the SCO case in the same way, essentially for PR purposes).

Recent Techrights' Posts

How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
 
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025