Bonum Certa Men Certa

USPTO FEES Act/SUCCESS Act Gives More Powers to Director Iancu, Supplying Patents for Litigation 'Business' and Embargo (ITC)

Athens



Summary: Corruption of the US patent system contributes to various issues which rely on the extrajudicial nature of some elements in this system; companies can literally have their products confiscated or imports blocked, based on wrongly-granted patents

UNLIKE the unaccountable EPO, the U.S. Patent and Trademark Office (USPTO) is loosely connected to the government, it can be sued, and it can be held accountable. This is a good thing.



"Donald Trump is also the person who nominated Iancu after Iancu's firm had worked for Donald Trump."Laws that govern the USPTO are also decided upon by courts and politicians, not USPTO managers (who may merely supply guidelines for compliance with these laws, e.g. 35 U.S.C. €§ 101). Last month we said that "USPTO FEES ACT Makes the US Patent Office a Money-Making Machine That Systematically Disregards Patent Quality" and days ago patent maximalists rejoiced this:

The SUCCESS Act (HR 6758) has now passed through both the House and Senate and will very likely be signed into law by President Donald Trump within the next couple of weeks.

The key aspect of the bill is extension of USPTO fee setting authority that ended in September 2018 (7 years after AIA enactment). Under the new law, USPTO will retain authority to set its own fee structure until September 2026 (15 years from AIA enactment).

[...]

Within 1 year, the PTO Director will provide a report to Congress on the results.


Donald Trump is also the person who nominated Iancu after Iancu's firm had worked for Donald Trump. We worry that there's a rather gross attempt to bypass the courts and become more lenient in examination. As we shall cover tomorrow, there's evidence of this. Nothing good will come out of an office which favours money over reputation. It's not like some corporation that should strive to meet fiscal objectives and raise revenues on a quarterly basis.

Speaking of Trump and Iancu, how about the following recent photo?

Trump and Iancu



And another one tweeted by the bribed/bought-for politician (for pharmaceutical patents)?

Trump and Hatch



Best policies corporate money can buy?

Wrongly-granted patents are a very big deal because embargoes can be imposed using such patents. Consider what Justin M. Sobaje (Foley & Lardner LLP) wrote some days ago on how to embargo or how to put more blackmailing power/pressure if you're a patent troll (a.k.a. "NPE"). The National Law Review published this:

Many patent practitioners assume that non-practicing entities cannot obtain permanent injunctions in patent cases. This is attributed to the belief that NPEs fail the four-factor test set out by the Supreme Court in eBay. Given that belief, it is surprising for some to learn that a recent decision from the Northern District of California resurrected decade old case law indicating that non-practicing entities can get injunctive relief. Practitioners having cases involving NPEs would do well to study this line of reasoning to be prepared for arguments surrounding permanent injunctions.

The four-factor test identified by the Supreme Court in eBay for determining whether to award permanent injunctive relief to a prevailing plaintiff requires the plaintiff to demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law are inadequate to compensate for that injury; (3) that considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction. eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391, 126 S. Ct. 1837, 1839 (2006). After the eBay decision in 2006, it has been extremely rare for NPEs to be awarded permanent injunctions, but a recent district court decision has resurfaced the issue.


The ITC is notoriously lax and only a couple of days ago Watchtroll said that "ITC Institutes Section 337 Investigation of ResMed’s Sleep Apnea Masks" -- a case we covered a month ago. This is the latest twist (from earlier this month): "On Friday, October 5th, the U.S. International Trade Commission (ITC) issued a notice of institution of a Section 337 patent infringement investigation requested by New Zealand-based appliance manufacturer Fisher & Paykel against San Diego, CA-based medical equipment firm ResMed. The ITC instituted the Section 337 investigation after Fisher & Paykel alleged that certain sleep apnea products imported for sale by ResMed infringe upon U.S. patents held by the New Zealand firm."

"We suppose that in this age of Iancu and Trump, however, business rather than justice is what matters."The ITC tends to favour the companies from the US, as its own name serves to suggest. It's a protectionist entity that relies on the false assumption US patents are valid, no matter what the Patent Trial and Appeal Board (PTAB) says. In the case of Cisco the ITC vainly disregarded the PTAB's decision to invalidate the patent under investigation.

We suppose that in this age of Iancu and Trump, however, business rather than justice is what matters. It's all about money and authority over finances is back with Iancu now. This is not good.

Over at IAM, the megaphone of patent trolls, SpencePC (US) has meanwhile published this long piece titled "Global patent litigation strategy" (what ITC is enabling). These patent law firms are scheming/planning how to sue the whole world in order to charge their clients and tax everything. They pursue more and more patents for the sake of patent litigation alone. No good will come out of it.

Recent Techrights' Posts

Claim That Finance and HR at IBM Already Work on the Next Wave of IBM Layoffs, Media Silence Persists
The media is still telling misleading nonsense about IBM layoffs (like some fantasy about 'rehiring' thousands for "AI")
Claims of More IBM Layoffs a Week Before 'Christmas Week'
Of course, as usual, nobody in the media says anything
GAFAM "doesn't depend on any sort of lock-in, humans just don't want to be free anymore," according to MinceR
As many readers are aware, our criticism of UEFI (restricted boot in particular) attracted a lot of online harassment against us, including stalking and libel
The Register MS Has Just Been Paid to Promote the Ponzi Scheme Some More ("AI" Keyword Stuffing)
This won't end well for The Register MS
Perpetuating the Lie of "No Red Hat Layoffs" Because of the Bluewashing (Red Hat Became Just "IBM")
Many Red Hat employees were pushed out and/or removed lately
 
EPO People Power - Part XIV - EPO Management Living in Fantasy Land
wrongly assumes that any crime committed by the EPO will always be brushed aside
Secret Code is Undesirable
If someone wants you to use proprietary software, say no. Secret code is even worse.
Google News Still Has an LLM Slop Problem (With Slop Images Too), But Google Itself is a Pusher of Slop
If Google keeps shilling and selling slop as "AI", and moreover if people keep hating slop (there's growing awareness of this problem), then at the end Google will suffer greatly
Gemini Links 16/12/2025: Bingo Card and i586 in 2025
Links for the day
Links 16/12/2025: Security and Conflict (No Territorial Concessions in Ukraine)
Links for the day
With Half of December Over, FSF Two-Thirds of the Way Towards Funding Goal
If you can share some money this month, the FSF should be a priority
A Lot of People Don't Want "Smart" (Things That Spy, Stop Working, Cannot be Repaired Easily)
They also don't want slop disguised as "intelligence"
Links 16/12/2025: More GAFAM (Now Amazon) Layoffs and iRobot Chapter 11
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 15, 2025
IRC logs for Monday, December 15, 2025
Wrapping Up and Ending "Slopwatch"
An "end-of-life" improvement
Gemini Links 15/12/2025: How We Lost Communication to Entertainment, Dichotomy Between the Real and the Digital
Links for the day
The New Chief Editor at The Register MS is a Microsofter, Now They Increase Microsoft Coverage and Add Microsoft Slant to 'Linux' Coverage
Did Microsoft pay some more?
IBM Layoffs in India and IBM's CEO Spins His Lack of Market Share as a Strength
If this leadership carries on, the only red left at IBM won't be Red Hat but a red stain
Links 15/12/2025: "Life in Prison" for Criticising China, Tikhanovskaya Says 'Pressure Works'
Links for the day
Due to 'Secure Boot' (An Anti-Security Measure, a Kill Switch) Computer Users Are Afraid of GNU/Linux
This is what Microsoft wanted
'Crypto' 'Currencies' Are a Ponzi Scheme. So Is "AI". Both Destroy the Planet, Not Just the Economy.
Believe it or not, millions of these GPUs just sit there boxed, unopened, unconnected, unused
Microsoft Colonialism in Africa is Not Sustainable
Microsoft's situation in Nigeria is not
EPO People Power - Part XIII - If the EPO's Chief Propagandist (Berenguer) Told the Police He Was a Spanish Tourist (or Similar) or That He Does Not Reside in Munich, Then He May Have Lied to the Police (in Addition to Doing Cocaine in Public)
Lying to the police in Germany is a criminal offense
Links 15/12/2025: Chromebooks as Work Machines, "Americans [Who] Moved to Australia" to Avoid Cheeto
Links for the day
Breaking Your Proprietary Router in the Name of "Security"
Each time they "patch" the router something that previously worked OK is likely to just break
IBM May be Breaking the Law to Silence Staff It Laid Off
Observation to add regarding IBM layoffs
Demonisation Attacks on Richard Matthew Stallman (RMS) - Including Antisemitic Attacks - Have Not Worked
Name-calling doesn't work
Slop ("AI") Will Replace People and Take Away Jobs, Say the Slopfarms With Fake (LLM-Generated) Text and Slop Images
"AI" often means slave labour in a poor country
More Than a Million Bytes Should be Enough for Most Computer Programs
Who said computing would improve over time?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 14, 2025
IRC logs for Sunday, December 14, 2025
Another "AI" (Slop) Use Cases Turns Out to be a Fraud
Those who talk about this fraud get SLAPPed
They Say Rules Are Made to be Broken, at Microsoft That Became an Imperative (e.g. Accounting Fraud, Bribery and So on)
Its biggest client is itself
In Russia, Microsoft is Already a Dying Breed Online
A lot of Europe also dumps Microsoft. Europe is a big revenue source of Microsoft.
The Future of News on the World Wide Web
No "greener pastures" on the Web
𝐈𝐁𝐌 𝐂𝐄𝐎 𝐀𝐫𝐯𝐢𝐧𝐝 𝐊𝐫𝐢𝐬𝐡𝐧𝐚: Proof That at IBM People Fall Upwards
IBM is collapsing
EPO People Power - Part XII - The Mobbing Got So Bad People Were Unable to Work
What's at stake here isn't just the EPO or the patent system
Links 14/12/2025: "Chile to ban smartphones in classroom" and "Portugal updates cybercrime law to exempt security researchers"
Links for the day
Gemini Links 14/12/2025: "GUI TUI CLI" and EmacsConf 2025 Video
Links for the day
Links 14/12/2025: Tensions in Asia, US Making Deals With Belarus
Links for the day
A Utopian and Very Dumb Vision of Technology, Based on Accounting Fraud
the "industry" has become insane and a lot of "the media" is going along with it
Links 14/12/2025: "The Slop of Things to Come", Goldman Sachs Nervous About Slop Bubble
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 13, 2025
IRC logs for Saturday, December 13, 2025