Class Action and Antitrust Lawsuits Filed Against Major Telcos Highlights Significant Constitutional Breaches Affecting Inventors across the U.S. Patent System
Editorial by Bud Wayne:
I have read the attached Class Action and Antitrust lawsuits and done my own reach. Below is my editorial regarding the two complaints.
Class Action and Antitrust Lawsuits Filed Against Major Telcos Now Reaches a Historical $346.86 Billion
No agency, court, or corporate entity is above the Constitution. Protecting due process and ensuring judicial independence is essential for maintaining a fair patent system, free from endless challenges.
Defending Constitutional Integrity: A Cease and Desist Demand to the USPTO, Federal Courts, and Corporate Defendants on Redundant Patent Litigation
Our recent examination of the VoIP-
The AIA, meant to streamline patent processes, has led to over 13,000 Inter Partes Review (IPR) challenges and more than 8,000 federal court cases that revisit issues already determined by the USPTO. These practices include challenges to validity, claim construction, prior art, obviousness analysis, enablement, subject matter eligibility, utility, and inequitable conduct—issues the USPTO examined in its original determination. This duplication undermines the USPTO's authority and directly infringes upon the Constitution's due process guarantees by forcing small inventors into protracted, costly defenses against deep-
Under the AIA, the USPTO has allowed these repeated challenges, primarily initiated by large corporations, to continuously revisit critical aspects of granted patents. For small inventors like VoIP-
Since the AIA, over 8,000 federal court cases have revisited USPTO-
Four main constitutional breaches within the AIA illustrate the need for immediate reform:
1. Multiple IPR Challenges – Denying due process by permitting endless challenges to patent validity.
2. Panel Stacking – Allowing USPTO control over PTAB judge assignments, undermining judicial impartiality.
3. Non-
4. Post-
These breaches expose the Constitution's vulnerability to exploitation within the current patent system, allowing powerful corporations to strategically wear down patent holders and limit competition. Under the guise of modernizing the patent process, the AIA's provisions have eroded the foundation of U.S. patent protections, encouraging monopolistic behavior while denying small inventors the legal protections the Constitution promises.
The Supreme Court has repeatedly affirmed that constitutional law supersedes all practices, laws, and policies. In Marbury v. Madison (1803), the Court established the Constitution as the supreme law, binding all government branches and requiring adherence to due process and judicial authority. Cooper v. Aaron (1958) later reaffirmed that no government entity, official, or corporation is above constitutional mandates. These rulings emphasize that the USPTO, federal courts, and corporate defendants must operate within constitutional limits to safeguard the rights and protections guaranteed to all citizens.
Both the USPTO and federal courts must immediately cease and desist from these unconstitutional redundancies. The AIA's provisions allowing multiple IPR challenges, along with federal court re-
Q&A with Emil Malak, CEO and Chairman of VoIP-
Q: It seems that you have opened a can of worms. Is this a legal mess?
A: The Silicon Valley giants and other powerful entities are directly responsible for this legal landscape. They've crafted a system that blatantly challenges the Constitution. Today there are laws, lawyers, but there is no Justice.
Q: What do you mean by this serious statement?
A: Are you telling me that their $900-
Q: You've been vocal against Silicon Valley and telco control. Why?
A: They're so powerful that they can pay hundreds of millions to lobby for "pay-
Q: Where do you think VoIP-
A: I believe, and hope, that the judge will apply the Antitrust laws and enforce the Constitution as per the antitrust breaches . They gave me no choice—walk away or fight. I won't quit on my shareholders, the "ma and pa" investors who've stood by us.
Q: Do you believe Silicon Valley could pressure politicians to enact counter-
A: Silicon Valley's goal is clear: they want to be the de facto government of the United States and the world, manipulating public opinion with biased information. Sadly, younger generations are often misled. Their control over information is overpowering, invasive, and has to stop. As I've said before, Silicon Valley is like the Antichrist—unchecked and all-
Q: You have almost 40 patents. What's next?
A: Having a USPTO-