Patent trolls drain resources from homegrown Kansas companies, stifle innovation

Kansas has long been a center for innovation and manufacturing. From Wichita’s world-class aviation industry to Olathe-based Garmin, Kansas knows how to build, create, and lead. However, one of the biggest threats to our state’s innovation is the challenge  imposed by a federal agency that was never meant to serve against the interests of American businesses: the U.S. International Trade Commission, or ITC.

Patent trolls, which are shell companies that buy up old patents solely to sue productive businesses, use the ITC as leverage to force costly settlements. The agency’s Section 337 statute, meant to protect U.S. industries from unfair foreign trade, has been twisted by patent trolls into a tool for private profit. Patent trolls file cases with the ITC because the agency has an extraordinary power called an exclusion order to ban certain products from entering the United States. Given the devastating consequences an exclusion order can have for a business, the possibility of losing a case and receiving one is enough to lead patent trolls’ targets to settle.

It’s complete extortion, and it drains time, money and resources that could otherwise go toward research, hiring, and growth.

Garmin, a proud Kansas company employing thousands across the state and one of America’s top technology and navigation companies, has spent years fending off patent troll infringement cases before the ITC. The problem isn’t that Garmin has done anything wrong, as courts have repeatedly ruled in its favor, tossing out weak and baseless patent claims. The problem is that the ITC’s process itself gives patent trolls an opening to exploit.

Garmin is often forced to defend itself from patent trolls at the ITC. Despite multiple victories in court, the company has still had to use up resources and valuable time. Instead of shielding American innovation, the ITC is giving foreign patent trolls a platform to drain American companies like Garmin.

Kansas isn’t alone. Across the country, the ITC’s outdated process has allowed patent trolls to file cases that threaten the supply chain and increase costs for businesses and consumers alike. Legal experts have long warned that the ITC’s broad interpretation of “domestic industry” invites abuse. A Hastings Science & Technology Law Journal study found that patent trolls routinely exploit this loophole to extract settlements rather than protect real innovation. In an economy where every dollar counts, these unnecessary battles hurt competitiveness and jeopardize American jobs.

In Kansas, the effect is especially clear. Garmin employs nearly 5,000 Kansans at its U.S. operational headquarters in Olathe and ranks among America’s best large employers. Its success supports families, local suppliers, and the broader regional economy. Every dollar spent fighting useless patent claims is a dollar not spent on innovation, hiring or investment in Kansas communities.

That’s why members of Congress have introduced the Advancing America’s Interests Act. This bipartisan legislation would reform the ITC to ensure it only intervenes when those who make claims have a legitimate U.S. industry at stake. In other words, if you don’t make anything or employ anyone in the United States, you can’t weaponize the process.

The AAIA restores the ITC’s original intent, protecting genuine American innovation, not rewarding litigation abuse. For Kansas, that means companies like Garmin can focus on doing what they do best: designing cutting-edge products, supporting local jobs, and fueling our state’s economic growth.

Leaders like Rep. Ron Estes, R-Kansas, understand what’s at stake. He’s been a strong voice for protecting Kansas workers, innovators, and manufacturers. He understands that standing up to patent abuse isn’t just about fixing a federal agency, it’s about defending the jobs, technologies and communities that make Kansas – and the United States – strong.

While patent trolls may game the system, Kansas thrives on hard work and innovation. It’s time for real accountability to the ITC.

Kent Glasscock is the former speaker of the Kansas House of Representatives and the former president and CEO of K-State Innovation Partners. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.