U.S. ITC Seeks Comments on the Public Interest in Hytera-Motorola Case
Monday, July 16, 2018 | Comments

The U.S. International Trade Commission (ITC) is seeking comments on public interest issues raised by the relief recommended by the judge in the patent infringement suit Motorola Solutions brought against Hytera Communications.

In early July, Administrative Law Judge MaryJoan McNamara released an initial final determination finding that Hytera had infringed several patents belonging to Motorola. McNamara recommended that as relief in the case, the ITC issue a cease-and-desist order and a limited exclusion order that would prevent Hytera from importing and selling the infringing products in the U.S.

In its original complaint, Motorola identified a variety of Hytera Digital Mobile Radio (DMR) products that it said infringe on patents owned by Motorola.

McNamara’s determination is not final and can still be reviewed and/or changed by the ITC.

Members of the public are invited to file submissions of no more than five pages, including attachments, concerning the public interest in light of McNamara’s initial final determination and her recommendations of relief for Motorola.

Comments should address whether the issuance of a limited exclusion and/or cease-and-desist order in the investigation would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S consumers.

Specifically, the ITC is interested in comments that:
• Explain how the articles potentially subject to the recommended order are used in the U.S.;
• Identify any public health, safety or welfare concerns in the U.S. relating to recommended orders;
• Indicate the extent to which like or directly competitive articles are produced in the U.S. or are otherwise available in the U.S., with respect to the articles potentially subject to the recommended orders;
• Indicate whether Motorola, Motorola’s licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to recommended orders with a commercially reasonable time; and
• Explain how the recommended order would impact U.S. consumers.

Written submissions must be filed by the close of business Aug. 10.

Find the full notice here.

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