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.

Recent Techrights' Posts

Online Media as a Lying Machine of Microsoft and Bill Gates (and, As Usual, Follow the Money)
The lies go a lot further than greenwashing
Links 11/12/2023: Buzzword Rules in the EU and Misinformation/Disinformation on the Rise
Links for the day
Today in Techrights
Some of the latest articles
A Code of Conduct Can Lead to Deterioration of Quality Control in Linux (Nobody Reprimanded for Technical Issues, Instead Critics at Times of Crisis Get Reprimanded)
Quality control demands opinionated people, even blunt opinions at times
Microsoft, Very Deep in Debt, Trying to Take Over Other Companies Without Paying to Buy Them
the CEO strengthened his loyalty to Microsoft
Misogynists Versus Techrights
the "imams" of the tech world
IRC Proceedings: Sunday, December 10, 2023
IRC logs for Sunday, December 10, 2023
Over at Tux Machines...
GNU/Linux news
Links 11/12/2023: Climate News and Chatbots as Plagiarism
Links for the day
Links 10/12/2023: Second Belmarsh Tribunal For Assange, EU Legislates for Buzzwords
Links for the day
Links 10/12/2023: Inflation Woes, Tensions With China
Links for the day
IRC Proceedings: Saturday, December 09, 2023
IRC logs for Saturday, December 09, 2023
Links 09/12/2023: Dictator's Nomination in Russia
Links for the day
[Video] To Combat Efforts to Cancel or Kill the Career (and Reputation) of the People Who Made GNU/Linux We Must Rally the Community
nobody speaks better for projects and for licences than their own founders
Electronic Frontier Foundation Incorporated is Run by/for Corporations Now (Members' Money is Less Than a Quarter of the Money EFF Receives)
Facebook bribes
The EFF Should Know Better, But It Is Promoting Mass Surveillance by Facebook (an Endorsement of Lies)
What is going on at the EFF?
Feedback Desired
Feedback can be sent by E-mail
A Message in Support of Richard Stallman, Condemning Those Who Misportray Him
message about Richard Stallman (RMS)
Links 09/12/2023: Many 'Open'AI Employees Strongly Dislike Microsoft, Many Impending Strikes
Links for the day
IRC Proceedings: Friday, December 08, 2023
IRC logs for Friday, December 08, 2023
Over at Tux Machines...
GNU/Linux news