Speaker McCarthy Makes His Swamp-iest Move Thus Far

We actual Conservatives were quite concerned about a prospective Kevin McCarthy Speakership.  Because he isn’t, you know, conservative.  And even worse: Is, from all appearances, yet another DC Swamp Creature.   

We managed to delay slightly the inevitable: McCarthy ultimately needed fifteen votes to get the gig. 

DC’s Conservatism, Inc, meanwhile, chastised us for gumming up DC’s Swamp Machine - even if only a little, for a little while. 

DC, you see, has to keep cranking out the cronyism.  And any hiccup in its delivery is not to be tolerated.

McCarthy’s first responsibility after limping across the finish line - has been appointing Committee and Subcommittee Chairs.  About which we actual Conservatives were quite concerned…:

“Most unfortunately for the Republic, these gaggles wield inordinately tremendous power.  Who McCarthy names - especially as Chairs - will greatly affect the nation. 

“To make matters worse, DC runs largely on seniority and a ‘Your Next’ mentality - and almost not at all on merit.  The longer you’ve been an unproductive member of society - ie a member of Congress - is almost always the preeminent determinative factor in your moving up the food chain.”

McCarthy’s very early selections - actually provided a slight glimmer of hope for the Republic.  One way we know this?  If the likes of Newsweek don’t like the selections - they actually provide a slight glimmer of hope for the Republic. 

McCarthy Facing Backlash on MAGA Subcommittee Selections

Most unfortunately for the Republic - on Friday, McCarthy reverted to Swamp type.  On perhaps the most important Subcommittee there is in DC: The Subcommittee on Courts, Intellectual Property (IP), and the Internet.

About we actual Conservatives were quite concerned….

CA GOP’s China Sell-Out: McCarthy Must Clean Up His and DC's IP Theft Messes:

“From an Intellectual Property perspective - that’s exceedingly awful news.  Because - behold the exceedingly awful California Republican Darrell Issa…. 

“‘The House IP Subcommittee Will Determine the Fate of U.S. Innovation - Part 2: The Chairmanship:

“‘The Chair of the IP Subcommittee is the most powerful person on the subcommittee. The Chair sets the agenda, priorities, and can block legislation in committee. The Chair also has significant influence outside of committee with agencies like the US Patent and Trademark Office (USPTO) and the International Trade Commission (ITC).

“‘Representative Darrell Issa (R-CA) has been the IP Subcommittee Chair in the past and is currently the Ranking Member of the Subcommittee. He is likely at the top of the Republican leadership’s list for becoming the next Chair

“‘However, Issa’s record shows that he is most unsuited for the Chairmanship position, having offered one-sided legislation against patent rights and having been among the driving forces that gutted U.S. patent rights. Issa can never gain broad support or the trust of patent stakeholders necessary to protect or restore those rights.

“‘Issa revealed his true colors and belief that patents are a hindrance rather than an engine for innovation and technological progress by introducing his PARTS Act in multiple Congresses (H.R.1879, 115th Congress ; H.R.1057, 114th Congress; H.R.1663, 113th Congress; and H.R.3889, 112th Congress)….

“‘The PARTS Act is but one example of how far Issa would go to dismantle long-established protections that Congress put in place. For example, he proposed to undermine the protections of US domestic industries that Congress enacted decades ago in Section 337 of the Tariff Act by introducing in the 117th Congress H.R.5902, the CLEAR Patents Act of 2021….

“‘(T)his legislation is very damaging to U.S. domestic industry, benefiting foreign companies including Chinese Communist Party (CCP)-controlled enterprises.’”

Anyone with as awful an IP track record as is Issa’s - should never be (again) named IP Chair.  Oops…

'Patent Troll' Critic Issa Tapped To Lead House IP Panel

IP is almost inarguably the crucial, core component to any economy.  Because before you can develop, manufacture and sell stuff - you have to invent stuff.

And we don’t invent stuff so well anymore. 

Intellectual Property Crisis: U.S. Drops Out of the Top Ten in Innovation Ranking

Thanks in large part to Issa’s “leadership” on all things IP. 

Issa hasn’t been serving the interests of the nation and We the People with this IP idiocy.  Whose interests has he been serving?

Well, Communist China’s, of course….

Communist China’s Latest Intellectual Property Con: Stealing IP Creation

And, of course, Big Tech’s….

The US Has Institutionalized Big Tech’s Intellectual Property Theft:

“‘(Patent Trial and Appeal Board) PTAB: DCs Latest Unaccountable, Power Grabbing Government Board:

“‘DC has reverse-engineered the government entity responsible for issuing patents – to now destroy patents. Patents that government entity its own self had issued – are now destroyed by that same government entity.’

“‘Angry Inventors Accuse Patent Office’s Appeals Board of Favoring Big Tech:

“‘Since its creation by Congress in 2012, the board has angered the inventing community, which says the review process is biased.

“‘One judge, for example, represented Apple Inc. in private practice and then ruled in favor of the tech giant 17 times after joining the court….

“'Eyebrows were raised this summer when a lawyer representing the patent office in a federal court appeal of a board decision acknowledged that the agency had added extra judges to reviews in order to achieve the desired outcome….’

“Despite grandiose claims to the contrary, the PTAB was created for Big Tech:

“‘PTAB is used almost exclusively by large multinational corporations to attack patents of much smaller competitors. Apple, Google, Samsung, Microsoft, Intel, Comcast, and Cisco are top filers. Smaller companies occasionally attempt to use the PTAB, but usually adds a lot of expense without resolving the dispute….

“'PTAB adds an average of $450,000 for each challenge filed. Most disputes involved multiple patents, so the additional cost usually exceeds $1M. If the inventor survives PTAB, they have to fend off similar challenges in the regular court.’

“$450,000 per filing is loose pocket change for Big Tech. It is a crushing fortune for individual inventors.

“And what Big Tech companies often do is team up against a patent holder. They each file the same PTAB challenge, worded slightly differently, over and over and over. Bringing the ‘cheaper’ PTAB cost into the tens of millions. Thereby drowning the patent holder - and forcing him to forfeit his patent defense…and his patent.

“Shocker: The PTAB keeps ruling for Big Tech. An AWFUL lot:

“‘PTAB invalidates 84% of patents they review. In a regular court the number is about 29%. That comparison is even worse considering that regular courts allow 5 types of challenges (eligibility, novelty, obviousness, definition, and inequitable conduct) while PTAB only allows 2 types of challenges (novelty and obviousness).’”

This is a pleasant notion….

Don’t Let Big Tech Sabotage U.S. Innovators’ Protections

Except it’s WAY too late for that.

Darrell Issa Doesn’t Understand That He is the Problem

And neither does Speaker McCarthy. 

Who is - by overseeing Issa’s reappointment - only adding insult, and further injury, to egregious injury. 

How very Swampy of him.


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  • Seton Motley