ITC Administrative Law Judge MaryJoan McNamara at the U.S. International Trade Commission (ITC) has completed her investigation of allegations of patent infringement raised by Motorola Solutions, Inc. (MSI) last year. On 3 July 2018, she issued a Final Initial Determination that was not favorable to Hytera.
MSI had originally asserted seven patents in its complaint but later withdrew three of them. Judge McNamara found that a limited number of claims in the four remaining patents at issue are infringed.
However, Judge McNamara also determined that none of MSI’s products practice one of the four remaining patents. Consequently, MSI does not satisfy the technical industry prong of the domestic industry requirement as to that patent, and thus Judge McNamara did not find a violation of the statute.
Hytera is disappointed with this initial determination. We will ask the Commission to review and reverse this decision. We believe our products do not infringe our competitor's asserted patents and will seek to demonstrate this to the Commission.
Importantly, since the Commission has not issued its final decision, there is no ban on the importation or sale of any Hytera products. Furthermore, Hytera has developed new products, which Hytera also believes do not infringe any of the asserted patents and which we previously presented to the ITC for its consideration. We are confident our new products do not infringe our competitor’s asserted patents.
Innovation is the core value of Hytera. We will continue to focus on providing innovative, high-quality, cost-effective, and reliable products and solutions for our dealers and customers here in the U.S., as we do around the world.
3 July 2018