Q & A

What did the ITC rule?

On Nov. 16, 2018, the U.S. International Trade Commission issued a Notice of Final Determination confirming that certain Hytera Communications products are infringing four Motorola Solutions patents. As a result, the ITC issued an exclusion order (importation ban) preventing Hytera from importing infringing products into the United States, as well as a cease-and-desist order preventing the sale and marketing of infringing products previously imported into the United States. The ITC also rejected Hytera’s request for a repair and service exception, meaning that neither Hytera nor any third-party repair provider will be able to import replacement parts or perform any sort of service for infringing products previously imported.

On Jan. 16, 2019, Motorola Solutions announced that the mandatory 60-day presidential review period in its ITC case has expired, marking a clear and final ITC victory for Motorola Solutions against Hytera. Accordingly, the ITC’s importation ban and cease-and-desist orders are now in effect, resulting in the exclusion from the United States of all Hytera products infringing Motorola Solutions’ U.S. Patent Nos. 7,369,869, 7,729,701 and 8,279,991. Hytera products subject to the ban include the following:        

• Radios (Subscribers): MD652, MD782, BD302, BD362, BD502, PD412, PD502, PD562, PD602, PD662, PD682, PD702, PD752, PD782, PD792, PD982, X1e and X1p; and
• Repeaters: RD622 and RD982.

The ITC also rejected Hytera’s request for a repair and service exception, meaning that neither Hytera nor any third-party repair provider will be able to import replacement parts or perform any sort of service for infringing products imported or sold before January 16, 2019.

What does this mean for Hytera?

Hytera’s infringing products that have been imported into the United States have been banned. Hytera is prevented from any sale and marketing of infringing products previously imported into the United States. In addition, neither Hytera nor any third-party repair provider will be able to import replacement parts or perform any sort of service for infringing products imported or sold before January 16, 2019.

Which Hytera products are affected?

• Radios (Subscribers): MD652, MD782, BD302, BD362, BD502, PD412, PD502, PD562, PD602, PD662, PD682, PD702, PD752, PD782, PD792, PD982, X1e and X1p; and
• Repeaters: RD622 and RD982.

What do the Final Determination and the importation ban mean for Motorola Solutions’ products in the United States?

The Final Determination and the importation ban do not have any impact on the products we produce or distribute to customers across the United States. We will continue to deliver the unique, innovative products and solutions that customers have come to expect from Motorola Solutions.