ITC judge initially rules in favour of Motorola Solutions, against Hytera

Administrative law judge Mary Joan McNamara of the US International Trade Commission (ITC) has issued a notice of initial determination, in its investigation of the patent infringement complaint filed by Motorola Solutions on March 29, 2017 against Hytera, which is favourable towards Motorola Solutions.

“I have found that complainant Motorola Solutions has proven by a preponderance of evidence that respondents Hytera Communications, Hytera America and Hytera Communications America

have violated subsection (b) of Section 337 of the Tariff Act of 1930,” said judge McNamara in her initial determination.

“I have found that Hytera has not proven by clear and convincing evidence that any of the asserted claims of any of the identified patents are invalid…

She also “recommended that a cease and desist order and a limited exclusion order with a

certification provision be issued against each of the Hytera respondents…”

A final determination by the ITC is scheduled to be issued by 6 November, 2018, which will then be followed by a 60-day presidential review period. Should President Trump not specifically disapprove the ITC's determination within that period, it then becomes final.

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 – though a Hytera spokesperson notes that Motorola Solutions had “originally asserted seven patents in its complaint but later withdrew three of them.”