Bonum Certa Men Certa

In Motorola (MSI) v Hytera a Reminder That the ITC Does Not Honour PTAB

These patents are already being questioned

USPTO Patent Trial and Appeal Board Accepts Third Petition of Global PMR Communications Provider Hytera to Initiate Invalidity Proceedings for Key Motorola Solutions Patent

Summary: The 'embargo agency' (ITC), prior to a proper assessment of the underlying patents (their validity, irrespective of alleged infringement), lets Motorola push around a rival

THE status quo isn't changing. The Patent Trial and Appeal Board (PTAB) at the USPTO is under attack from several politicians, but as long as the public is vigilant they're unlikely to make any progress. The STRONGER Patents Act died again this summer (like last summer) and so will these newer efforts (e.g. "Restoring America’s Leadership in Innovation Act of 2018" and Orrin Hatch's 'gift' to his sponsors).

"If Hytera files an inter partes review (IPR), will the ITC suspend its judgment? And if the patents in question are invalidated, will the ITC revoke or withdraw from its action?"Certain companies are unable to accept and are incapable of tolerating the destruction of their patents (or their perceived value), so they try to simply crush those that reassess patents, notably PTAB. Some even call for embargo based on patent allegations, skipping a stage and reaching out to the ITC, which months ago became notorious for altogether ignoring PTAB's judgment (decision to void patents). Our remarks about Motorola, as mentioned the other day, were all about this case that's still hovering in the news [1, 2, 3] (examples from the past week alone). If Hytera files an inter partes review (IPR), will the ITC suspend its judgment? And if the patents in question are invalidated, will the ITC revoke or withdraw from its action? Unless those questions are clarified (outside the case of Cisco), perceptions will linger/persist about the ITC's attitude towards the law. The accused is always to be presumed innocent until/unless the patents are upheld as valid, no matter the alleged infringment.

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