[W1SMH] Fwd: [GEMOTO:20090] Fwd: Questions surround Hytera’s DMR future in U.S.

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-------- Original message --------From: Bill Barber <ne1b.c6awb at gmail.com> Date: 7/4/18  05:46  (GMT-05:00) To: GEMOTO <gemoto at googlegroups.com> Subject: [GEMOTO:20090] Fwd: Questions surround Hytera’s DMR future in U.S. 





Questions surround Hytera’s DMR future in U.S. after 
trade court finds infringement of Motorola Solutions 
patents
July 3, 2018 Donny Jackson | Urgent 
Communications
 
China-based Hytera Communications’ ability to import and sell 
certain DMR equipment and software into the United States could be jeopardized 
later this year or early next year after U.S. International Trade Commission 
(ITC) administrative law judge determines that Hytera has infringed on four 
Motorola Solutions patents.
 
“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,” according to the determination from ITC 
Administrative Law Judge Mary Joan McNamara. “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.
 
“I have recommended that a Cease and Desist Order and a 
Limited Exclusion Order with a certification provision be issued against each of 
the Hytera respondents.”
 
In today's determination, McNamara found that Hytera 
Communications infringed four Motorola Solutions’ patents and that Motorola 
Solutions met the legal requirement of showing a “technical domestic industry” 
on three of the four patents. McNamara recommended that ITC commissioners 
approve an order prohibiting Hytera importing and selling product that utilize 
Motorola Solutions’ U.S. Patents No. 7,369,869, 7,729,701 and 
8,279,991.
 
Released this afternoon, McNamara’s opinion is the “final 
initial determination” for the investigation that has been conducted by the ITC 
since the case was filed in March 2017. Today was the scheduled deadline for 
McNamara to issue a determination, which ITC commissioners will consider before 
making a ruling—possibly one that mirrors McNamara’s recommendation to prohibit 
Hytera from importing or selling certain patent-infringing products in the U.S. 
as early as later this year.
 
Typically, the ITC commission makes its rulings within four 
months of an administrative law judge’s determination, with the ruling often 
becoming effective within a few days after the ruling is announced. However, the 
U.S. president—currently Trump—has up to 60 days to review the ITC commission’s 
ruling and potentially overturn it, if the president deems it to be in the 
public interest.
 
If Hytera is prohibited from 
importing and selling certain goods in the U.S., existing customers of the 
infringing Hytera products will not be asked to shut down their existing systems 
as a practical matter, according to multiple sources familiar with the 
situation. Whether these existing Hytera customers may encounter problems 
getting replacement parts or software upgrades to their systems likely would be 
determined by the details of any remedy included in the final ITC ruling, 
according to the sources.
 
Although Motorola Solutions initially filed its 
patent-infringement claims against Hytera Communications in U.S. district court, 
many industry observers have been especially interested in the case before the 
ITC, which tends to issue rulings and implement any remedies more quickly than a 
legal court.
 
Mark Hacker, Motorola Solutions’ general counsel and chief 
administrative officer, expressed support for McNamara’s 
determination.
 
“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,” Hacker said in a prepared statement. “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.
 
“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.”
 
IWCE’s Urgent Communications attempted to contact multiple 
Hytera Communications representatives seeking a response to McNamara’s 
determination. After waiting several hours to include a statement from 
China-based Hytera Communications in this article, IWCE's Urgent Communications 
was informed very late Tuesday that Hytera would not be issuing a statement 
about the matter at this time.





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