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19 November 2018Patents

ITC hands down determination in Motorola v Hytera clash

The US International Trade Commission (ITC) issued a notice of final determination in a patent dispute between telecoms equipment company Motorola Solutions and rival Hytera late last week.

Both parties have claimed victory following the issuance of the determination on Friday, November 16.

While the ITC confirmed that some of Hytera’s products infringe four patents owned by Motorola, it also found that Hytera’s new-generation i-Series products do not infringe the patents and can continue to be imported and sold in the US.

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

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

In the July decision, Administrative Law Judge Mary Joan McNamara had determined that a number of claims in the four patents asserted by Motorola are valid and have been infringed by Hytera.

However, she determined that none of Motorola’s products use one of the four patents asserted so recommended that an exclusion order be made to prevent the importation of products infringing the three remaining patents.

Soon after, Hytera filed a petition requesting review of the determination and claiming that its products don’t infringe Motorola’s patents.

In September, the ITC issued its notice of review. According to Hytera, the ITC said it would review the July order which precluded Hytera from presenting a certain defence and an order striking some of Hytera’s expert testimony from the record.

During proceedings, Hytera produced documents and source code related to several new designs. The Chinese company also asked the ITC to affirm that these new products (the i-Series products) are not infringing.

However, although Hytera’s new products aren’t infringing, the ITC issued exclusion and cease-and-desist orders for Motorola’s US patent numbers 7,369,869; 7,729,701; and 8,279,991.

In a press release, Hytera said it was considering follow-up action regarding the finding of infringement in relation to its X products.

The release added: “Hytera has many patents that protect its products and respects the IP of others. But if Motorola chooses to continue what Hytera believes to be anti-competitive behaviour by bringing questionable legal actions against its competitors, Hytera will vigorously defend itself.”

Motorola, on the other hand, claimed that the ruling affirms McNamara’s finding that Hytera “unquestionably copied certain Motorola-patented technologies”.

The company added that the determination was a significant victory for Motorola Solutions and “another important step in holding Hytera accountable for its serial infringement” of Motorola’s patents.

A mandatory 60-day presidential review period has now begun, during which US President Donald Trump may modify the final determination.

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More on this story

Patents
6 September 2018   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.
Patents
18 July 2018   Telecoms equipment company Motorola Solutions secured another victory over rival Hytera Communications earlier this week, after the Regional Court of Mannheim in Germany granted an injunction against Hytera.
Patents
23 November 2018   Motorola Solutions, a telecoms equipment provider, has secured injunctions against Chinese rival Hytera Communications in a patent infringement dispute.