Hytera calls for ITC review, affirmation that new DMR products do not infringe Motorola Solutions patents
While there is general agreement about customers’ ability to use their existing Hytera DMR systems in this scenario, there are questions surrounding the ability for these customers to expand their networks or secure spare parts after an effective date of a ruling against Hytera.
Sources familiar with the case and ITC procedures indicated that one key point is how Hytera dealers in the United States are viewed by the ITC, if commissioners issue a cease-and-desist order that prohibits the sale and marketing of infringing Hytera products within the U.S.
An ITC ruling on 2013 against Apple on behalf of Samsung included a cease-and-desist order that was applied to Apple “and to any of its principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled (whether by stock ownership or otherwise) and majority-owned business entities, successors, and assigns, and to each of them, in so far as they are engaging in conduct prohibited … for, with, or otherwise on behalf of [Apple].”
However, Hytera considers its U.S. dealers to be customers, according to Hytera representatives. With this in mind, Hytera does not believe a potential cease-and-desist order from the ITC would apply to U.S. dealers selling infringing Hytera equipment.
“Customers who have purchased Hytera products, including dealers, are not respondents at the ITC and will not be affected by an exclusion order or a cease-and-desist order,” according to a Hytera spokesperson’s statement to IWCE’s Urgent Communications. “Neither an exclusion order or a C&D [cease-and-desist] order will require any recall of products already sold by Hytera to customers, including dealers.”
Hytera’s Wineland echoed this sentiment.
“Based on relevant statutes, existing case law, and evidence that has been introduced at the Commission in this past year, we believe that the phrase ‘its agents’ and ‘distributors’ does not apply to our dealers,” according to a statement provided by Wineland to IWCE’s Urgent Communications.
“Further, whatever the final decision of the ITC in this case, no customers who have purchased DMR products from Hytera need to stop using them or return them. Any ruling this November would not affect Hytera products or system already sold to customers, including to independent dealers. The ruling would also not affect service for any Hytera products and solutions, including servicing equipment in the field.”