Motorola Solutions: ITC confirms Hytera products infringe Motorola patents
Motorola Solutions announced that the U.S. International Trade Commission has issued a Notice of Final Determination confirming that certain Hytera Communications products are infringing four Motorola Solutions patents. The ITC has also issued exclusion and cease-and-desist orders for Motorola Solutions' U.S. Patent Nos. 7,369,869, 7,729,701 and 8,279,991, prohibiting Hytera from importing products into the United States and selling or marketing those products. The ITC also rejected Hytera's request to allow it to import infringing products or components into the U.S. to repair or replace those in the field. The ruling also affirms Administrative Law Judge McNamara's finding that Hytera "unquestionably copied certain of Motorola patented technologies." A mandatory 60-day presidential review period has now begun, during which the U.S. President may modify the ITC's Final Determination. The ITC's exclusion and cease-and-desist orders will take effect on approximately Jan. 15, 2019, when all Hytera products infringing Motorola Solutions' '869, '701 and '991 patents would be excluded from the U.S. market. In addition to the ITC victory, Motorola Solutions recently prevailed against Hytera in the Regional Court of Mannheim in Germany in a similar patent infringement case. Motorola Solutions will also continue to vigorously pursue its patent infringement, copyright infringement and trade secret theft lawsuits against Hytera in the U.S. District Court for the Northern District of Illinois, the Regional Court of Dusseldorf in Germany, the Federal Court of Australia and other jurisdictions around the world.