Judge Grants Motorola Motion to Terminate 39 Claims in ITC Case
Thursday, August 31, 2017 | Comments

An International Trade Commission (ITC) judge granted a Motorola Solutions motion to terminate 39 claims from its original complaint against Hytera Communications.

“Although Motorola contends that the evidence produced by respondents unquestionably confirms that respondents infringe the withdrawn claims, given that Motorola contends that the evidence produced by respondents also confirms Hytera’s infringement of the remaining asserted claims, and solely in the interest of streamlining the investigation, Motorola withdraws its assertion of the withdrawn claims in this investigation,” Motorola’s motion said.

Motorola filed a patent infringement complaint against Hytera in March. The original ITC complaint had nearly 100 claims, leaving about 60 claims in the case following the partial termination of claims. Those claims are spread across seven different U.S. patents that Motorola alleges Hytera infringed.

The motion indicates that, pursuant to ITC rules, there are no agreements, written or oral, between Hytera and Motorola concerning the subject of the investigation.

According to Motorola’s motion, Hytera said it was not opposed to the termination of some of the claims. Administrative Law Judge MaryJoan McNamara granted the motion Aug. 25.

In her order, McNamara wrote that the ITC has held in the past that unless “extraordinary circumstances” exist, a full or partial termination requested by a complainant should be granted. “Public policy supports termination in order to conserve public and private resources,” the order said.

McNamara has set a target date of Nov. 6, 2018, for completion of the investigation.

The ITC case is one of six lawsuits that Motorola has filed against Hytera since March. Motorola filed patent infringement and theft of trade secrets cases against Hytera in the U.S. District Court for the Northern District of Illinois in mid-March. The patent infringement case is on hold pending the outcome of the ITC investigation, while the two parties are awaiting a judge’s decision on a Hytera motion to dismiss the theft of trade secrets case.

Motorola has also filed lawsuits in the German regional courts of Mannheim and Dusseldorf, as well as the Federal Court of Australia.

Hytera filed a lawsuit of its own against Motorola in the U.S. District Court for the Northern District of Ohio last week, alleging that Motorola had incorporated sound adjustment control technology patented by Hytera in its MOTOTRBO radios.

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