Hytera appeals ITC ruling, speaks of “nuisance litigations”

Radio manufacturer Hytera has filed a petition at the US International Trade Commission (ITC) requesting review of a ruling issued by the body on 3 July which upheld rival Motorola Solution’s complaint of patent infringement against the company.

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

As part of the initial determination, Judge Mary Joan McNamara found that all four of the remaining Motorola Solutions’ patents under consideration are valid, Hytera has infringed them, and Motorola Solutions met the legal requirement of showing a “technical domestic industry” on three of the four patents.

Speaking in response to the ruling, a spokesperson for Hytera said: “Hytera's position remains that its products sold in the US do not infringe MSI's (Motorola Solutions Inc.) patents, and that the initial determination is incorrect.

“MSI originally asserted seven patents in its complaint but later withdrew three. (Judge) McNamara ruled that a limited number of claims in the four remaining patents at issue are infringed, but also determined that MSI did not satisfy the technical industry prong of the domestic industry requirement as to another of its patents and did not find Hytera to have violated the statute with respect to that patent.”