Conservatives Blast ITC Judge’s Ruling on Apple | NTK Network Conservatives Blast ITC Judge’s Ruling on Apple

Conservatives Blast ITC Judge’s Ruling on Apple

“We are all socialists today,” one conservative wrote in response to the ITC judge’s ruling that allowed Apple to import phones that infringed on a patent.

By NTK Staff | 11.13.2018 @2:00pm
Conservatives Blast ITC Judge’s Ruling on Apple

The ruling by a judge on the International Trade Commission (ITC) last month is continuing to reverberate today, as evidenced by numerous op-eds and thinkpieces written by conservatives across the country.

While intellectual property and patent law may not be the flashiest of topics, American Conservative Union Executive Director Dan Schneider argues those topics are deeply American. And, he writes, they were important enough that the founders included patent rights in the U.S. Constitution:

America became the world’s superpower due to its unsurpassed economic growth — fueled in no small part by strong intellectual property rights. Our success reflects a deep-rooted conviction that property rights drive competition, invention and ingenuity. The fact that patent rights appear in the U.S. Constitution (Article 1, Section 8, Clause 8)reflects the importance of this principle to our Founding Fathers. They understood the power of innovation.

That’s the very reason that the ITC’s recent ruling is so troubling, Schneider argues. An ITC judge ruled that Apple infringed on a patent owned by Qualcomm, a chip maker and supplier to Apple. According to Qualcomm’s case, Apple took Qualcomm’s patent and shared it with one of Qualcomm’s competitors, Intel, thereby allowing Intel to replicate the technology.

The ITC judge ruled that Apple did in fact infringe on Qualcomm’s patent. And because Apple’s products are manufactured overseas, the judge could have put a stop on the importation of Apple’s products. But instead, the judge did nothing.

How can a judge rule that a company has violated someone’s property right, but then refuse to grant relief to the aggrieved party? It makes no sense. Such an outrageous ruling only sends the message to Apple – and to other would be patent thieves – that they can willfully ignore the rights of innovators and creators.

Similarly, IP specialist James Edwards writes that the ITC judge’s refusal to issue an exclusion order against Apple is “tantamount to abrogating the rule of law.”

Declining to recommend the ITC’s remedy when patent infringement is found here denies the American patent owner, Qualcomm, the right to exclude others from using its patent-protected technology. The company inventor is merely asking the ITC to keep products that infringe its patents out of the United States.

These conservatives argue that the ITC judge has set a disturbing precedent that could allow foreign companies to steal Americans’ intellectual property and face no recourse for doing so.

“For those of us who understand what’s at stake in the future of U.S. innovation, we understand that it’s Qualcomm that should get justice,” Edwards writes.

UPDATE, 11/13/18:

He goes on to list each of the organizations that filed their concerns over the judge’s ITC ruling:

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