Hytera: Proposed Relief in ITC Case Would Hurt the Public Interest
Wednesday, August 08, 2018 | Comments

Hytera Communications asked the U.S. International Trade Commission (ITC) not to exclude the importation and sale of some Hytera products in the U.S., arguing that such an exclusion would harm both public safety and market competitiveness in the U.S.

Motorola Solutions filed a patent infringement lawsuit against Hytera with the ITC in March 2017.

In July, ITC Administrative Law Judge Mary Joan McNamara initially determined that Hytera had infringed four Motorola patents with some of its Digital Mobile Radio (DMR) products. McNamara recommended that as relief the ITC implement cease-and-desist and exclusion orders that would prevent the sale and importation of any infringing Hytera products.

McNamara’s decision is not final and Hytera has requested a review. The ITC is expected to release its final decision in November.

In a filing on how the recommended relief would impact the public interest, Hytera argued that its products are used by a variety of public-safety-related organizations, and without the ability to have Hytera repair those systems moving forward, it could impact their ability to communicate in critical conditions.

While organizations could seek other companies, such as Motorola, to repair the systems, the difference between the companies’ product would make such repairs difficult, Hytera argued.

“Any order that prevents Hytera’s customers from buying additional (new or replacement) devices or continuing to use and repair their existing communications devices may prevent those customers from providing crucial safety services,” Hytera’s filing said. “Such an order could require purchase of new systems using funds they may not have.”

Hytera also argued that Motorola effectively has a monopoly in the market and that the recommended relief would only strengthen that monopoly. “The U.S. economy and consumers thrive on competition, and the laws prohibit anticompetitive behavior,” the filing said. “Any remedial orders should allow Hytera to introduce its new designs to the marketplace to ensure consumers can benefit.” As part of the proceedings, Hytera has submitted designs for new products and asked the ITC to confirm that they do not infringe Motorola’s patents. If the ITC moves forward with the proposed relief, Hytera said it should retain the ability to continue servicing and repairing any existing products. The company also asked that any remedial order be delayed so Hytera could transition to different products in the U.S. market. That transition time would allow Hytera to bring new products to the U.S. market, giving consumers a continued alternative to Motorola products, Hytera said in its filing. Would you like to comment on this story? Find our comments system below.

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