In this time of intense polarization, bipartisan progress still happens. It just doesn’t get the notice it deserves.
One such positive development comes from Arizona Representative David Schweikert (R-AZ-6) along with Representative Suzan DelBene (D-WA-1) of Washington State. The two lawmakers have teamed up to introduce a bill aimed at hindering the ability of patent trolls to misuse the U.S. International Trade Commission (ITC). Though that may seem like an obscure concern with everything going on right now, the answer to ‘who cares?’ and ‘why now?’ may surprise, if not unnerve many.
The impact of the bill, the “Advancing America’s Interests Act,” (H.R. 8037) could be significant. The legislation would make it tougher for patent-abusing profiteers to game the system to enrich themselves while imposing serious harm to just about everyone else.
Who Cares? I care. I have spent over 30 years in the fire service, many of them in Phoenix, where I also dealt with public safety logistics, service planning and evaluation, fire prevention, and fire service administration.
Why now? It is unsettling but true that a patent troll case currently at the ITC has the potential to seriously affect first responders’ ability to access the devices they need to coordinate an emergency response. From my years of experience, I know firsthand how critical these communications devices are in an emergency.
After the September 11, 2001 attacks, the FirstNet network was created to provide first responders across the country with reliable access to data and voice communications and ensure system capacity during emergencies. FirstNet includes a fleet of mobile units that can provide temporary satellite-based connections in areas with limited or nonexistent network coverage and in disaster areas — FirstNet even has a blimp for such purposes. In response to COVID-19, units were deployed, connecting first responders in areas where the existing networks were insufficient or damaged. FirstNet means first responders can count on reliable communications no matter the crisis.
Most of the devices used in FirstNet have touch screens. And without these smartphones and tablets, firefighters and other emergency workers cannot access the FirstNet network. However, a dispute over some touch screen patents could abruptly cut-off the availability of these essential devices. This is the kind of troubling scenario that H.R. 8037, if adopted, would help prevent.
A Dublin-based patent troll called Neodron is claiming that Apple, Dell, Motorola, and Samsung, among other touch screen device makers, infringed its patents. Neodron has asked the ITC to ban the importation of phones, tablets, and laptops containing the touch screen technology they claim is protected by their patents. If the ITC agrees, the vast majority of currently available smartphones and tablets, including most of the specially equipped and certified FirstNet-ready devices, would be banned from the US market. This would hamstring FirstNet and the communications capabilities of those we rely on in emergencies.
Neodron is what is known as a “patent troll.” A troll’s calculation is that their targets would rather settle even frivolous claims than pay for litigating. Unfortunately, patent trolls have realized they can demand more money by taking their complaints to the ITC in addition to traditional courts. The ITC’s mission is to adjudicate trade practices and protect U.S. industries from unfair import competition, which can include alleged patent infringement.
The bill Representatives Schweikert and DelBene introduced would help curb this malicious abuse. In the future, patent trolls like Neodron could not so easily take advantage of the ITC unless they can prove they are an actual U.S. industry participant facing impact.
The legislation would also force the ITC to more fully the weigh the public interest implications of a requested import ban. In Neodron’s case, the public interest in not excluding almost all of modern smartphones and tablets from the U.S. market is self-evident. The ITC would only agree to a ban if it is truly consistent with the broader public interest.
Neodron’s case shows how the missions of government agencies can get distorted and invite potentially serious consequences for public health and safety. Representative Schweikert’s bipartisan work with Representative DelBene illustrates how lawmakers can, and must, come together to prevent this misuse and uphold the public interest.
Kevin M. Roche retired in 2014 as Assistant to the Fire Chief for the Phoenix Fire Department. 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.