Huawei, ZTE hit with ITC patent probe Chinese mobile comms giants Huawei and ZTE are in trouble with the US authorities again, this time as part of a wider patent investigation by the ITC which could result in some of their mobile device models being banned in the States. The investigation, which includes 11 other big name tech companies including Acer, HTC, …
How can the US government fail to heed their "throaty call"? That would be unpatriotic, wouldn't it?
Their case may well have merit, but it does seem their name is chosen with future litigation in mind, especially against foreign firms, rather than with any "patriot science" (whatever that may be) being carried out.
Me cynical?
I am beginning to wonder if there is a new form of "isolationism" (take a look at pre-war American politics and the difficulties that Roosevelt had in getting "lease-lend" past Congress in the early days of the war if that seems unclear) developing amongst certain political and business forces in the US. Many such companies are (despite all the outsourcing and all that) beginning to feel the heat in terms of turnover and cash-flow. However, international trade agreements prevent them from using crude import barriers as they were used in the past (by all countries). What a lovely opportunity to re-introduce such barriers disguised as "defending patents", Oh, and no, I do not for one moment believe that this bunch are uniquely guilty, I am quite certain that if this patent insanity goes much further many other countries will be tempted to use IP law to circumvent free-trade agreements. I just find it very ironic given that during the eighties and the nineties the US was the big driver for establishing these agreements, that this means of circumventing them appears to be cropping first on this scale on that side of the pond (Samsung's fate, anyone?)
US isolationism is fine by me. They were were once by far the biggest market in the world and growth was difficult without selling into the US market. Not anymore. Furthermore, we've come a long way from the days when a US battleship could turn up and force trade upon a nation (try doing that to the Chinese if they're in no mood to "play ball") so they may end up more isolated than they bargained for.
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Granted many of the complaints above about the US are valid and we have soiled our name quite a bit lately but still Chinese companies and innovation have generally been an oxymoron until very recently and that this has to do with the government sponsored industrial espionage (yes the West does it too) is finally starting to pay off.
This serves to bring to your attention some of the most important technological patents in the world. Patriot Scientific has demonstrated repeatedly at the USPTO (US Patent Office) that their patents are valid and withstood 17 Re-examinations, these re exams entailed being looked over 650 Different ways or arguments against them.
Without these patents we would still be in an era of 1983 -1984 Technology, your cell phones that you value so much would be about the size of a football, and without a touch screen. Everything that is DIGITAL uses the MMP.
This technology has enabled the modernization of society as we know it, Used in Satellites, cell phones, tvs, computers, cars, planes, trains, entertainment, military, government operations, you name it, anything digital, it has these patents applied to them.
Somebody invented it and it was not the infringing companies. The infringing companies have apparently conspired together to bring Patriot Scientific to its knees by making it impossible for them to apply their technology to build their own product line.
How? I am glad you asked, when a patent was approved, another company would step and ask the USPTO to reexamine the patents all over again, doing this 17 times in hopes that PTSC would go broke and “go-away”. PTSC survived the onslaught and its not going to go away as expected.
1993-1994 PTSC did try to make its own product, but was quickly outwitted by powerful companies that used the MMP to make their own products faster than PTSC could.
The MMP may have been leaked by the Foundry that PTSC hired in Taiwan to make its own chip.
Therefore, Patriot Scientific is not a Patent Troll, but victims of technology abuse brought on by corporations with great financial backing.
While Acer expect no significant impact, they should, because if the injunctions are allowed (which is a 99.9% Chance) they will have a great IMPACT on ACER, not to mention TREBLE damages plus interest.
If Amazon has been declared to owe PTSC 1.3 Trillions of dollars, what do you think ACER will owe?
They are deceiving their shareholders by trying to minimize a potential revenue loss, because this could go into the trillions of dollars as well.
NOW…that is just 13 companies, there are thousands more to go after.
i e, section 337 of the Tariff Act of 1930, also be relevant in the the Motorola Mobile suite against Apple for patent infringement and the importation of infringing kit from abroad (http://assets.sbnation.com/assets/895480/New_MMI_v_Apple_Complaint.pdf) ? Is the USITC actively pursuing this vital matter as well ? You say not ? Wonder why ?...
Henri
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