U.S. ITC to Begin Investigation into Motorola’s Complaint Against Hytera
Friday, April 28, 2017 | Comments

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain two-way radio equipment and systems and related software and components. The investigation is based on a complaint filed by Motorola Solutions March 29 against Hytera Communications.

The complainant, Motorola Solutions, requested that the USITC issue a limited exclusion order and cease and desist orders. The USITC identified Hytera Communications of China; Hytera America in Miramar, Florida; and Hytera Communications America in Irvine, California, as respondents in the investigation.

The USITC’s chief administrative law judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. trade representative within that 60-day period.

“By instituting this investigation (337-TA-1053), the USITC has not yet made any decision on the merits of the case,” a USITC statement said.

If the ITC’s investigation determines that Hytera has engaged in unlawful practices, the ITC may issue an exclusion order to halt the importation of the infringing products, as well as a cease-and-desist order to stop the sale and marketing of the infringing products in the United States, a Motorola statement said.

Motorola Solutions also filed patent infringement complaints against Hytera with the Regional Court of Düsseldorf in Germany last week and patent infringement and trade secret misappropriation complaints March 14 in the U.S. District Court for the Northern District of Illinois.

Hytera responded to the complaints here.

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