Bonum Certa Men Certa

ITC is Serving Patent Trolls Now

Going under the bridge

Under the bridge



Summary: The US International Trade Commission (ITC) was supposed to guard American firms from knockoffs and the likes of that; but now it's being misused as a tool of extortion for firms that produce nothing at all

THE ITC is problematic; now the bullies, instead of saying "pay us 'protection' money or we'll sue you and cost you in legal bills (so you lose either way)," are threatening to have your products literally embargoed. Earlier this year and again a few weeks ago we cited the new example of Hytera. It doesn't seem like justice is the goal here; blackmail and financial strangulations are being encouraged (before the facts are even known and legal proceedings are concluded). It's what we call a "shoot first, ask questions later" approach, which should be considered totally unacceptable in a society that values due process.



Here's the latest on the Hytera case, as covered just before the weekend by WIPR:

Hytera received good news this week when the US International Trade Commission (ITC) agreed to review in-part a final initial determination that had gone in favour of Motorola Solutions, amid a global war between the two companies.

In July, the ITC upheld allegations of patent infringement against radio manufacturer Hytera in an initial determination.

Motorola had initially accused Hytera of infringing seven US patents which cover two-way radio equipment systems and related software. It later withdrew three of the patents asserted against Hytera.

[...]

Tom Wineland, vice president of Hytera Communications America (West), said: “We are particularly pleased at the forecast scope of the review, which includes the ITC’s reviewing why Motorola would have asserted patents as infringed that Hytera had previously licensed from Motorola on fair, reasonable, and non-discriminatory terms.”

In July, Motorola secured a victory over Hytera in Germany as the Regional Court of Mannheim granted an injunction against the radio company.


Hytera is being fought against using injunctions. It's tempting for the ITC to take the side of the US giant (almost an order of magnitude greater than Hytera). To make matters worse, based on this new post from CCIA's Patent Progress, the ITC is now serving patent trolls rather than actual firms in the US:

After the Supreme Court’s TC Heartland decision made it harder to file suit in the notoriously NPE-friendly Eastern District of Texas, Patent Progress predicted that NPEs might try to shift venues to the ITC. This appears to be an example of exactly that. While SIPCO claims not to be an NPE, their website focuses on their patent licensing business; the ‘products and consulting services’ they claim to offer are not described in detail (unlike their patent list and licensing structure.)

The ITC is a desirable venue both because it can grant an exclusion order (effectively an injunction against any products manufactured outside of the U.S.) and because the ITC has a highly compressed case schedule, making ITC trials expensive for defendants. The combination of these two factors means that an ITC case carries more expense and more risk for defendants—making them more likely to want to settle.


Patent Progress correctly notes that the ITC is now being emasculated for purposes of blackmail; no such thing should be allowed to happen before or until the Patent Trial and Appeal Board (PTAB) through inter partes reviews (IPRs), in addition to the district courts and the Federal Circuit (potentially higher), get to have their say on the underlying patents and the claims (as applied -- if applicable at all -- in infringement allegations). We have already seen the ITC arrogantly ignoring the PTAB's decisions to void underlying patents (a case of Cisco against a relatively small rival). As if PTAB does not exist...

Recent Techrights' Posts

Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
 
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026
Don the Con Meets the Conman From IBM, Shares of IBM Continue Sliding Some More
The "Quantum" hype did not last long [...] PIPs are the new layoffs
Retaliatory Whistleblowing Expected at Microsoft During or After the Mass Layoffs
Retaliatory behaviour by Microsoft will backfire
Gemini Links 24/06/2026: Heatwave, Steam Next Fest, and Year of Buying Guitar Pedals
Links for the day
Links 24/06/2026: China Tops "TOP500", Impact of Microsoft’s Massive Layoffs Extends Further, Internet Society's Community Snapshot
Links for the day
While Thousands at IBM Lose Their Jobs ("Silent Layoffs") IBM's CEO Goes Begging the Dictator for Bailouts, Based on Deliberate Lies About "Quantum"
Many who claim to be retiring are only in their 40s and 50s. They're too proud to publicly admit what IBM did to them.
European Patent Office (EPO) Series: London Calling...
EPO Vice-President in charge of the "Patent Granting Process" is likely to have been a pay-off for the support which the UK gave to Campinos in 2017
Faking Productivity With Slop and Wasting Money on Faking 'Productivity': A Microsoft Story
If the quality of everything at Microsoft goes down
IBM Sends Workers 'Packing', Sometimes With the "Low Performer" Label That Imperils Their Future
To many people out there, IBM correlates with deceit
Links 24/06/2026: Four-Day Workweeks, GM Cut 1,000 Workers at Its EV Plant, 21,000+ Oracle Layoffs
Links for the day
A Step in the Right Direction (EU) in the Fight Against LLM Slop From GAFAM (US)
We've already mentioned this in Daily Links, but let's discuss this a little further
SLAPP Censorship - Part 117 Out of 200: Libel Tourism or Defamation Forum-Shopping in the United Kingdom Condemned by the European Union (EU)
Last week we reminded readers that the EU had criticised UK defamation law
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day