The Patent Troll Threatening Emergency Communications
Today and every day, first responders and emergency managers across the United States are using technology to respond to everyday emergencies and to incidents and illnesses related to the COVID-19 virus. The scope and intensity of the challenges posed by this pandemic are at a scale unseen any time in my career and beyond the impact of any local emergency, no matter how dire.
In the wake of the attacks of September 11, 2001, the lack of reliable communication devices and systems for first responders was cited as an area in need of major improvements. Congress took up the task and provided the emergency services with a dedicated and resilient solution — the FirstNet system.
Today, the FirstNet system provides responders across the country with reliable access to data and voice communications. The FirstNet system monitors emergency communications activity and can change system configuration and capacity to respond along with the responders to provide system capacity to support local and regional emergencies.
New York City is relying on FirstNet to coordinate communications between ambulances and care facilities. These sorts of communications would be unreliable on a regular network given the influx of responders who have brought into the region to assist during this crisis. The system is hardened to work when nothing else will through physical strengthening of the infrastructure and systems to “heal” networks when the system’s physical assets are damaged.
FirstNet even includes a fleet of mobile units that are capable of providing temporary satellite-based connections in areas with limited or nonexistent network coverage. That fleet integrates a range of Cell on Wheels (COWs) solutions and several drones. In response to COVID-19, all 76 units have been deployed connecting first responders in areas where the existing network is insufficient.
Most responders access these services through specially equipped smartphones and other mobile devices. Through the use of these devices, emergency communications go through when systems are clogged with non-emergency calls and data.
FirstNet does not only have an impact in dense urban communities with lots of people using the cell system. It also helps in rural communities. For example, a 2019 partnership between FirstNet and the University of Mississippi Medical Center will drastically expand the reach of the hospital’s emergency services coverage area. This project will bring high-speed communications to rural areas and power remote medical applications in the event of a natural disaster or other emergency.
Most of these devices depend on the availability of touch screens — they are everywhere in our lives and they are an integral part of nearly every FirstNet-capable device.
Recently, a foreign-based company called Neodron, (perhaps better described as a patent troll, since its chief purpose is to acquire patents and look for opportunities to sue for infringement), has petitioned the International Trade Commission to exclude a massive number of touch screen devices — including phones, tablets, laptops, and wearables — from the United States. This sweeping product ban, if granted, would gravely hinder the availability of all touch screen devices, including those used by emergency responders.
FirstNet is only useful if first responders can get the hardware necessary to access it; networks and connected devices go hand in hand. The majority of the potentially banned devices are made by popular consumer brands like Apple, Motorola, and Samsung, so the impact would be felt widely.
The import ban Neodron seeks would affect nearly two-thirds of the available FirstNet-ready smartphones and tablets. Such a ban would also likely raise the price of any devices remaining on the market in a time when local government budgets will be hurt by the dramatic loss of revenue from sales tax. These factors together threaten to weaken FirstNet and slow the positive impact it is having on enabling interoperable communications for first responders.
Restricting access to life-saving technology will jeopardize the safety of the public and the first responders who protect people in communities across the United States. We cannot let Neodron or any other patent troll misuse the legal system to cause import bans that may impede safety or create risks for first responders.
Kevin M. Roche retired in 2014 as Assistant to the Fire Chief for the Phoenix Fire Department in Arizona. Kevin has over 30 years of emergency service management and consulting experience. During his career in Phoenix, Kevin managed the fire department’s planning, fire prevention, and logistics operations. Currently, Kevin is the Founder and Principal of Public Safety Resource Management.
