International Trade Commission Says Hytera Infringes Motorola Patents

Motorola Solutions has said that Administrative Law Judge Mary Joan McNamara of the U.S. International Trade Commission (ITC) has found that Hytera Communications has infringed upon some patents of the US based telecom major. The judge has issued a favorable ‘Notice of Initial Determination’ in its investigation of the patent infringement complaint filed by Motorola Solutions in March, 2017 against Hytera Communications.

In the complaint, Motorola Solutions alleged that Hytera is unlawfully importing and selling two-way radio equipment and systems and related software and components that infringe four of Motorola Solutions’ patents. These patents pertain to technologies central to the operation of Hytera’s professional and commercial radio products available today.

The Judge’s ruling follows a lengthy investigation that culminated in a week-long hearing with testimony from both Motorola Solutions and Hytera witnesses, hundreds of pages of briefing materials and thousands of exhibits.

As part of the Initial Determination, Judge McNamara found that all four of Motorola Solutions’ patents are valid, Hytera has infringed them, and Motorola Solutions met the legal requirement of showing a “technical domestic industry” on three of the four patents. Judge McNamara also recommended an exclusion order preventing the importation of infringing products into the United States for Motorola Solutions’ U.S. Patents No. 7,369,869, 7,729,701 and 8,279,991, as well as a cease-and-desist order preventing the further sale and marketing of certain infringing products imported into the United States.

A final determination by the ITC is scheduled to be issued by Nov. 6, 2018.

“Judge McNamara’s ruling validates our allegations, upholds the integrity of our intellectual property and rebukes Hytera for its unscrupulous and unlawful behavior in willfully infringing Motorola Solutions’ patents,” said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions. “While we consider the Initial Determination an important step, it is only one component of our global efforts to address Hytera’s systematic, brazen and egregious theft and infringement of our intellectual property.”

Hacker continued, “Motorola Solutions has a long and distinguished track record of innovation with an extensive portfolio of approximately 5,000 patents. We are committed to vigorously defending our valuable intellectual property as we continue to drive innovation for our customers. We greatly appreciate the diligent work undertaken by Judge McNamara and the ITC staff during this investigation, and we are confident that the full ITC will uphold this decision and enter a Final Determination consistent with today’s findings.”

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