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

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day