WE have long argued that ITC helps US-based firms embargo foreign competition. It does this with prejudice and it's almost always deciding against non-US companies. It's doing it again.
"It does this with prejudice and it's almost always deciding against non-US companies."This time the ITC decided ("Notice of Initial Determination") before the facts were even known; it's like the EPO's "Early Certainty" (except for actual sanctions/embargo) and in the case of the USPTO the quality of patents is questionable and merits a review at the Patent Trial and Appeal Board (PTAB), perhaps with an appeal to the Federal Circuit. To quote one of three reports published about that yesterday [1, 2, 3]:
The US International Trade Commission has released its Notice of Initial Determination, regarding Motorola’s patent infringement case with Hytera. The intial determination was first unveiled in July, in favour of Motorola. ITC will now conduct a mandatory review of the initial determination and come out with a final one by 6 November.
"This is the sort of vision laid out by UPC proponents in Europe."This isn't about whether China or Hytera is infringing; it's about whether ITC offers proper due process or just shoots first, asking questions later. We have already seen the ITC even ignoring PTAB rulings and causing financial damage/ruin. This is the sort of vision laid out by UPC proponents in Europe. ⬆