2024-03-19 21:20:50
After losing some legal disputes over privacy rights, patents at the United States International Trade Commission (ITC), the Apple intensified its lobbying activities with the aim of reforming the agency’s operational practices.
This action by the company comes after the Commission judged that Apple improperly used patented technologies in smartphones, chips and smart watches. It’s worth remembering that the Cupertino giant faces legal disputes with AliveCor and Masimo, which accuse it of using its patented technologies in the Watch illegally.
So Apple’s efforts to lobby lawmakers have been intense. According to New York Timesthe company consulted with former ITC commissioners, hired several lobbying firms, and participated in the ITC Modernization Alliance.
The lobbying campaign seeks to change laws so that some patent owners are prevented from filing a case with the ITC. This change could significantly change the way patent conflicts are handled.
In practice, the company argues that the ITC’s current decisions do not take into account how this affects the public or even the harm to American consumers, who would be left without access to products linked to patented technologies.
Furthermore, the giant would still have defended the Advancement of America’s Interests Actwhich seeks to limit what is seen as abusive exploitation by “trolls of patents”, establishing stricter criteria for registering complaints.
Some critics say that Apple is misinterpreting the laws with its lobbying and that this could weaken the ITC, which aims to “defend innovation in the US”. According to them, the commission must act with the aim of preventing violations.
Given this, although under criticism, the company says that, with the lobby, it wants to find a middle ground that respects patent rights and also public well-being.
The company has already gained some support in Congress, getting proposed laws and committee reports to include the idea that the ITC should do a careful analysis of the public impact before deciding whether to ban product imports. So we’ll see what this will lead to…
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