ITC to review portions of Hytera-Moto patent dispute, target date extended to Nov. 16

An ITC ruling that reverses McNamara’s findings would let Hytera Communications continue to sell its current product portfolio in the United States.

An ITC commission ruling against Hytera Communications that calls for the company to stop importing patent-infringing goods into the U.S. or being sold in the country typically would become effective with a few days of the ruling being announced.

Despite this effective date, the Hytera products theoretically could continue to be imported and sold in the U.S. during the 60-day presidential review. However, during this time, any sales could be subject to a bond—sometimes as much as 100% of the product’s value—that would be paid to the complainant, which is Motorola Solutions in this case. As a practical matter, such a bond often discourages the company that is being penalized from trying to sell infringing products in the U.S. during this time, according to a source familiar with ITC proceedings.

McNamara’s determination recommends the inclusion of a 44% bond—about $1.18 million—if the matter reaches the presidential-review stage. The ITC is seeking input from both sides whether a bond is needed and how large such a bond should be.

Sources familiar with the Hytera-Motorola Solutions dispute indicate that customers with Hytera equipment and systems that utilize any of the infringing patented technologies would be able to continue using their existing systems, even if the ITC and President Trump uphold McNamara’s findings and recommendations.