Hytera Communications Corp. Ltd., Hytera America, Inc., and Hytera Communications America (West), Inc. (collectively, “Hytera/the company”) have filed a petition at the US International Trade Commission (ITC) requesting review of a Final Initial Determination issued on July 3, 2018 by ITC Administrative Law (ALJ) Judge MaryJoan McNamara that features in Hytera’s Digital Mobile Radio (DMR) products sold in the US infringe patents of Motorola Solutions, Inc. (MSI).
The company’s position remains that its products sold in the US do not infringe MSI’s patents, and that the initial determination is incorrect. MSI originally asserted seven patents in its complaint but later withdrew three.
ALJ McNamara ruled that a limited number of claims in the four remaining patents at issue are infringed, but also determined that MSI did not satisfy the technical industry prong of the domestic industry requirement as to another of its patents and did not find the company to have violated the statute with respect to that patent.
During proceedings in this case, before the period for factual discovery ended, the company had produced for the ALJ’s consideration documents and source code related to several new designs.
In addition to asking the ITC to reverse the ALJ’s initial determination, the company has also petitioned the Commission to affirm that these latest products are not infringing.
“Hytera is confident that our designs for our next-generation DMR product portfolio do not infringe any of the asserted patents of MSI,” said Tom Wineland, Vice President of Hytera Communications America (West), Inc. “MSI did not oppose our new designs based on six of the asserted patents.”
In June of 2018, the company announced a new range of features for its digital mobile radio (DMR) portfolio, including its mobile radios, portable radios, and repeaters.
These new features include extending full-duplex calling into repeater-mode operation (RMO) and direct-mode operation (DMO), enlarging full-duplex coverage beyond trunking mode without requiring extra hardware.
The company also extended its over-the-air programming capability to conventional repeater operation, allowing individual radios to be reprogrammed remotely. Furthermore, optimised push-to-talk (PTT) functionality allows users to talk instantly after PTT even before a call is established.
“Hytera’s new features for digital mobile and portable radios and repeaters promote higher productivity, help improve the safety of users, and offer a better user experience,” added Hytera’s Wineland.
“They boost Hytera’s leading position in providing innovative, versatile, high-quality DMR solutions that also present a compelling value to our dealers and customers.”
The company’s petition before the ITC remains confidential by terms established by the Commission, which typically completes reviews within 120 days. Since the Commission has not issued its final decision, there is presently no constraint on the import or sale of any of their products.
The company also learned in May of 2018 that the US Patent and Trademark Office’s Patent Trial and Appeal Board has accepted three Hytera petitions to invalidate MSI’s patents based on prior art.
“Hytera looks forward to the disposition of this case at the ITC and to resolving the series of nuisance litigations our competitor has filed against us,” adds Wineland. “Hytera is focused on innovation and prefers to compete fairly in the marketplace rather than in the courtroom. Hytera is confident that our products do not infringe.”
