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ITC Holds Hearing in Motorola-Hytera Patent Infringement Case

A U.S. International Trade Commission (ITC) judge held an evidentiary hearing Jan. 29 – Feb. 2 in the patent infringement case filed against Hytera Communications by Motorola Solutions.

It is unclear what happened during the hearing because it was sealed, as were transcripts of the hearing, under a protection order intended to safeguard sensitive information in the case.

Several post-hearing documents are due from the parties in March. Post-hearing briefs are due March 4, while a joint chart showing the “substantive legal issues being litigated” is due two days later March 6. Reply briefs are then due March 11, and a revised chart that includes the reply briefs is due two days later March 13.

According to a schedule Administrative Law Judge Mary Joan McNamara released last May, she plans to have a final determination in the case by early July.

The ITC case is just one of several lawsuits Hytera and Motorola have filed against each other around the world since last March. Recent actions in other Hytera and Motorola lawsuits include:

• A new judge will oversee the theft of trade secrets case Motorola filed against Hytera in the U.S. District Court for the Northern District of Illinois. Judge Samuel Der-Yeghiayan, who is overseeing the case, will retire Feb. 17. The case has not yet been assigned to another judge.

•Motorola received an extension until Feb. 12 to file its response to Hytera’s lawsuit alleging anticompetitive practices in the U.S. District Court for the District of New Jersey.

• In Hytera’s patent infringement lawsuit against Motorola in the U.S. District Court for the Northern District of Ohio, Judge Donald Nugent put the case under a protective order to safeguard sensitive information at the request of both parties.

• Motorola’s patent infringement suit against Hytera in the Federal Court of Australia is scheduled for a five-week trial before Justice Nye Perram beginning in July 2019. Perram also placed a non-publication order on several documents related to the case to prevent the release of sensitive information.



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