https://urgentcomm.com/wp-content/themes/ucm_child/assets/images/logo/footer-logo.png
  • Home
  • News
  • Multimedia
    • Back
    • Multimedia
    • Video
    • Podcasts
    • Galleries
  • Commentary
    • Back
    • Commentary
    • Urgent Matters
    • View From The Top
    • All Things IWCE
    • Legal Matters
  • Resources
    • Back
    • Resources
    • Events
    • Webinars
    • White Papers
    • Reprints & Reuse
  • IWCE
    • Back
    • IWCE
    • Conference
    • Special Events
    • Exhibitor Listings
    • Premier Partners
    • Floor Plan
    • Exhibiting Information
    • Register for IWCE
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Terms of Service
    • Privacy Statement
    • Cookies Policy
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • Mission Critical Technologies
    • Microwave/RF
    • T&D World
    • TU-Auto
  • In the field
    • Back
    • In the field
    • Broadband Push-to-X
    • Internet of Things
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Call Center/Command
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Network Tech
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Operations
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Regulations
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • Organizations
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
Urgent Communications
  • NEWSLETTER
  • Home
  • News
  • Multimedia
    • Back
    • Video
    • Podcasts
    • Galleries
  • Commentary
    • Back
    • All Things IWCE
    • Urgent Matters
    • View From The Top
    • Legal Matters
  • Resources
    • Back
    • Events
    • Webinars
    • White Papers
    • Reprints & Reuse
    • UC eZines
  • IWCE
    • Back
    • Conference
    • Special Events
    • Exhibitor Listings
    • Floor Plan
    • Exhibiting Information
    • Register for IWCE
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Terms of Service
    • Privacy Statement
    • Cookies Policy
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • Mission Critical Technologies
    • Microwave/RF
    • T&D World
    • TU-Auto
  • newsletter
  • In the field
    • Back
    • Internet of Things
    • Broadband Push-to-X
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Cybersecurity
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
acc.com

News


ITC judge releases full determination, says Hytera employees ‘unquestionably copied’ Motorola tech

  • Written by Donny Jackson
  • 27th August 2018
Hytera Communications “unquestionably copied” Motorola Solutions technologies and infringed on four Motorola Solutions patents, three of which should be the subject of U.S. International Trade Commission (ITC) remedies, according to an ITC administrative law judge’s detailed determination.

What is in this article?

  • ITC judge releases full determination, says Hytera employees ‘unquestionably copied’ Motorola tech
  • ITC judge releases full determination, says Hytera employees ‘unquestionably copied’ Motorola tech
  • ITC judge releases full determination, says Hytera employees ‘unquestionably copied’ Motorola tech

ITC judge releases full determination, says Hytera employees ‘unquestionably copied’ Motorola tech

Hytera Communications “unquestionably copied” Motorola Solutions technologies and infringed on four Motorola Solutions patents, three of which should be the subject of U.S. International Trade Commission (ITC) remedies, according to an ITC administrative law judge’s detailed determination that was released last week.

ITC Administrative Law Judge MaryJoan McNamara released a summary of her findings on July 3, recommending that ITC members should rule that Hytera Communications infringed on three Motorola Solutions patents, prohibit the import and sale of products using those three patents, and calling for a bond to be placed on infringing Hytera products, if the matter is subject to a 60-day presidential review period.

McNamara’s full 260-page initial determination—subject to limited redactions from Hytera and Motorola Solutions to protect confidential business information from public view—that was released last week provides significantly more detail about her determination. Most of the initial determination outlines the evidence and thought processes that contributed to McNamara’s recommendation to the full ITC board, which is expected to rule on the matter by Nov. 6.

If the ITC ruling supports McNamara’s findings, 18 Hytera subscriber products and two repeaters would be excluded from the U.S. market, according to a press release from Motorola Solutions.

One key area in which McNamara did not provide a clear recommendation is whether Hytera should be allowed to continue servicing existing products that already are in the market.

“Given Motorola’s market dominance of approximately of the DMR market, it would seem logical that Motorola would be able to service Hytera’s customers in the United States,” according to McNamara’s initial determination. “However, Motorola did not offer any testimony on this issue during the evidentiary hearing, and did not provide any information on this point in any of its pre-hearing or post-hearing briefs.

“It appears that this may be an issue on which the Commission may wish to seek additional information from the parties. However, given the state of the evidence, a decision could go either way whether Hytera should be able to continue to provide services to its own customers in the United States, so long as there is a finely crafted certification provision. The Commission may need to gather facts from the parties that they did not provide during the evidentiary hearing or in other unequivocal evidence.”

McNamara’s initial determination also reveals for the first time that Hytera “unquestionably copied certain of Motorola [Solutions’] patented technologies.” This effort was made easier, because three former Motorola employees—Samuel Chia, Y.T. Kok and G.S. Kok—accessed more than 7,000 Motorola documents prior to each of them leaving and joining Hytera shortly after, according to McNamara’s determination.

“That figure bears repeating simply to let sink in the sheer magnitude of the number of confidential Motorola documents that the Hytera Employees accessed, just before they left Motorola: more than 7,000 documents,” McNamara’s determination states.

“This could not have been coincidental. For example, Mr. Chia left Motorola on June 7, 2008, to work for Hytera. Mr. Chia’s access log reflects that in some 4.5 years—i.e., from August 2003 to February 2008—Mr. Chia accessed fewer than 300 Motorola documents. By contrast, from March 2008 to end of May 2008—that is within three (3) months before he left Motorola to join Hytera—Mr. Chia’s access log reflects that he accessed more than 10,000 Motorola documents.

“At the time he accessed more than 10,000 Motorola documents from Motorola’s COMPASS document management system unto his personal computer, Mr. Chia was no longer working on DMR-related projects. It is inferentially sound that Mr. Chia did not access the DMR documents as part of his ordinary work responsibilities.”

Hytera lawyers did not question the data from the Motorola access logs or whether these eventual Hytera employees access the documents, but they noted that there is no proof that these three men “copied or printed the documents or gave them to Hytera” and that Motorola was “relying on innuendo rather than facts,” according to McNamara’s determination.

Despite this, there is “persuasive circumstantial and direct evidence” that the three eventual Hytera employees “wrongfully copied” patented technologies belonging to Motorola Solutions, according to McNamara’s determination.

1 | 2 | 3 |
ITC judge releases full determination, says Hytera employees ‘unquestionably copied’ Motorola tech
Tags: Hytera Motorola Solutions News News

Leave a comment Cancel reply

To leave a comment login with your Urgent Comms account:

Log in with your Urgent Comms account

Or alternatively provide your name, email address below:

Your email address will not be published. Required fields are marked *

Related Content

  • Newscan: Biden appoints Jessica Rosenworcel as acting FCC chair
  • Professor calls for 5G moratorium over health fears; Omdia begs to differ
  • Jetting to the stars, using containers for development

Commentary


Public safety needs a better way to triage emergency calls

13th January 2021

In challenging year, working with public safety to move FirstNet forward

30th December 2020

Communications solutions must evolve quickly to meet needs of a changing world

31st October 2020
view all

Events


UC Ezines


IWCE 2019 Wrap Up

13th May 2019
view all

Twitter


UrgentComm

RT @IWCEexpo: 📆 Mark Your Calendars: IWCE will be returning to Las Vegas this September and registration is slated to open in April 📆 Wa…

15th January 2021
UrgentComm

RT @IWCEexpo: ⚡FLASH SALE: Don't miss this exclusive offer! Passes to #IBFVirtual are now 50% off with code TWITTER50. Take advantage of th…

6th November 2020
UrgentComm

Get ready for part 2 of "Ensuring Public Safety Emergency Communications" next week! @PCTEL_inc will explore… twitter.com/i/web/status/1…

3rd November 2020
UrgentComm

Over the past few months, we’ve seen the world transform, and it's clear that cities will be affected in the long-t… twitter.com/i/web/status/1…

27th October 2020
UrgentComm

Florida state & local agencies subscribing to the Statewide Law Enforcement Radio System (SLERS) will be able to co… twitter.com/i/web/status/1…

26th October 2020
UrgentComm

Tune in to @slacorp CEO Josh Lober as he explains how the company has fully integrated its #PTT application to work… twitter.com/i/web/status/1…

26th October 2020
UrgentComm

.@SierraWireless announced the commercial availability of the AirLink MG90 platform, which they tout as the first m… twitter.com/i/web/status/1…

26th October 2020
UrgentComm

Attorneys for #Hytera and #MotorolaSolutions this week submitted final written arguments, apparently clearing a pat… twitter.com/i/web/status/1…

22nd October 2020

Newsletter

Sign up for UrgentComm’s newsletters to receive regular news and information updates about Communications and Technology.

Expert Commentary

Learn from experts about the latest technology in automation, machine-learning, big data and cybersecurity.

Business Media

Find the latest videos and media from the market leaders.

Media Kit and Advertising

Want to reach our digital and print audiences? Learn more here.

DISCOVER MORE FROM INFORMA TECH

  • American City & County
  • IWCE
  • Light Reading
  • IOT World Today
  • Mission Critical Technologies
  • Microwave/RF
  • T&D World
  • TU-Auto

WORKING WITH US

  • About Us
  • Contact Us
  • Events
  • Careers

FOLLOW Urgent Comms ON SOCIAL

  • Privacy
  • CCPA: “Do Not Sell My Data”
  • Cookies Policy
  • Terms
Copyright © 2021 Informa PLC. Informa PLC is registered in England and Wales with company number 8860726 whose registered and Head office is 5 Howick Place, London, SW1P 1WG.
This website uses cookies, including third party ones, to allow for analysis of how people use our website in order to improve your experience and our services. By continuing to use our website, you agree to the use of such cookies. Click here for more information on our Cookie Policy and Privacy Policy.
X