On March 29, 2017, Motorola Solutions, Inc. of Chicago, Illinois (“Motorola”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Hytera Communications Corp. Ltd. of China, Hytera America, Inc. of Miramar, Florida, and Hytera Communications America (West), Inc. of Irvine, California (collectively, “Hytera”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain two-way radio equipment and systems, related software, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,116,284 (the ’284 patent), 8,279,991 (the ’991 patent), 7,369,869 (the ’869 patent), 8,032,169 (the ’169 patent), 7,729,701 (the ’701 patent), 9,099,972 (the ’972 patent), and 6,591,111 (the ’111 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to two-way radio equipment and systems and related software. In particular, the ’284 patent relates to a trunking protocol for decentralized time-division multiple access (TDMA) radio telecommunication systems. The ’169 patent relates to a system and method for providing floor control in a distributed-control two-way radio network. The ’869 patent relates to scanning technology for two-way radio devices. The ’701 patent relates to a system and method for accessing a repeater (or base station) in a radio communication network. The ’991 patent relates to timeslot synchronization in a TDMA communication system. The ’972 patent relates to automatic volume control, and more particularly to a method for automatic volume control in half-duplex radio communication devices. Lastly, the ’111 patent relates to group radio communications and point-to-multipoint systems.
In the complaint, Motorola states that Hytera imports and sells products that infringe the asserted patents. The complaint specifically refers to Hytera’s portable and mobile radio devices, infrastructure, and dispatch systems—and related software and components—as infringing products.
Regarding domestic industry, Motorola states that it makes extensive use of the inventions of the asserted patents in numerous products and that it has made significant investments in the U.S. relating to such products. Motorola specifically refers to its MotoTRBO devices and repeaters and ASTRO communication systems and devices as domestic industry products. Motorola states that it is the leading provider of two-way radio equipment and systems in the U.S. and that it has made significant and substantial investments in the U.S. relating to engineering, research, development, assembly, packaging, installation, maintenance, testing, repair, and customer service and support relating to its domestic industry products.
As to related litigation, Motorola states that, on March 14, 2017, it filed a patent infringement complaint against Hytera in the U.S. District Court for the Northern District of Illinois.
With respect to potential remedy, Motorola requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at Hytera and others acting on its behalf.