US ITC to review determination favoring Motorola Solutions in infringement dispute

Global land mobile radio communications provider Hytera Communications Corporation Limited and its US subsidiaries Hytera America, Inc. and Hytera Communications America (West), Inc. have learned that the US International Trade Commission (ITC or the Commission) will review-in-part the Final Initial Determination (ID) issued on 3 July 2018 by an ITC Administrative Law Judge (ALJ) that certain features in Hytera´s digital mobile radio (DMR) products sold in the US infringe some claims in patents of Motorola Solutions, Inc. (MSI), the company said.

Hytera had petitioned for the Commission´s review on 17 July 2018, citing errors in the ID and arguing that the Commission had reasonable grounds to review substantial elements of it. The ITC issued its Notice of Review on 4 September 2018 and will postpone its final determination to 16 November 2018. While the ITC conducts its review, there continues to be no ban on the importation into or sale in the US of any Hytera products.

The ITC will review-in-part the final ID, including Order No. 38 precluding Hytera from presenting its licensing defense and Order 47 striking certain expert testimony from Hytera at the evidentiary hearing.

The Commission will also review the ID´s finding that Hytera´s redesigned products infringe claims in MSI´s US Patent No. 8,116,284 (“the ´284 patent”), its application of an adverse inference with respect to Hytera´s employees having individually chosen to exercise their Fifth Amendment rights, and its finding that insufficient record evidence exists to conclusively determine whether any of Hytera´s redesigned products infringe claims in US Patent No. 7,729,701 (“the ´701 patent”) and the lack of an express finding on this issue with respect to MSI´s US Patent No. 7,369,869 (“the ´869 patent”) or 8,279,991 (“the ´991 patent”).

Hytera Communications Corporation Limited is a global provider of innovative professional land mobile radio (LMR) communications solutions to governmental organizations, public security institutions, and customers from industries including transportation, oil and gas, and many others. Founded in Shenzhen, China, in 1993, Hytera established its first US subsidiary, Hytera America, Inc., in 2004. More information is at www.hytera.com.