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ITC Judge Determines Hytera Infringed Motorola Solutions' Patents

Motorola Solutions, Inc. (MSI) said Monday that Administrative Law Judge Mary Joan McNamara of the U.S. International Trade Commission or ITC has released the Notice of Initial Determination from the ITC's investigation of the patent infringement complaint filed by Motorola Solutions against Hytera Communications Corporation Limited on March 29, 2017.

In the complaint, Motorola Solutions alleged that Hytera is unlawfully importing and selling two-way radio equipment and systems as well as related software and components that infringe four of Motorola Solutions' patents.

On July 3, 2018, Judge McNamara found that all four of Motorola Solutions' patents are valid and that Hytera infringed them. According to the judge, there is "persuasive evidence" that Hytera copied Motorola Solutions' Technology.

Motorola noted that three senior Hytera employees pleaded Fifth Amendment to avoid self-incrimination.

The judge continues to recommend an exclusion order, preventing the importation of infringing products into the U.S. for three of the patents, as well as a cease-and-desist order that prevents the further sale and marketing of certain infringing products imported into the U.S.

In addition to the ITC, Motorola Solutions' patent infringement, trade secret theft and copyright infringement lawsuits against Hytera are still pending in the U.S. District Court for the Northern District of Illinois, the Federal Court of Australia and the Regional Courts of Mannheim and Düsseldorf in Germany.

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