`Washington, D.C. 20436
`
`Before the Honorable MaryJoan McNamara
`Administrative Law Judge
`
`In the Matter of
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`CERTAIN TWO-WAY RADIO
`EQUIPMENT AND SYSTEMS, RELATED
`SOFTWARE AND COMPONENTS
`THEREOF
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`Investigation No. 337-TA-1053
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`COMPLAINANT MOTOROLA SOLUTIONS, INC.’S UNOPPOSED MOTION FOR
`PARTIAL TERMINATION OF THIS INVESTIGATION WITH RESPECT TO AN
`ASSERTED PATENT CLAIM
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`Solely for the purposes of streamlining this investigation and in consideration of this ALJ’s
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`guidance in Order No. 9, fn. 2, and pursuant to Commission Rule 210.21(a)(1), Complainant
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`Motorola Solutions Inc. (“Motorola”) respectfully moves for partial termination of the
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`Investigation with respect to allegations of infringement of the following claim for the below-
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`patent (“the Withdrawn Claim”):
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`• U.S. Patent No. 7,369,869: 10
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`Although Motorola contends that the evidence produced by Respondents unquestionably confirms
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`that Respondents infringe the Withdrawn Claim, given that Motorola also contends that the
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`evidence produced by Respondents also confirms Hytera’s infringement of the remaining asserted
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`claims, and solely in the interest of streamlining the Investigation, Motorola withdraws its assertion
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`of the Withdrawn Claim in this Investigation.
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`In accordance with Ground Rule 2.2, Motorola certifies that it made reasonable, good-faith
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`efforts to resolve the issues raised in this Motion with counsel for Respondents, and Respondents
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`indicated that they do not oppose this motion.
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`Commission Rule 210.21(a)(1) provides in relevant part that: “Any party may move at any
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`time prior to the issuance of an initial determination on violation of section 337 of the Tariff Act
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`of 1930 to terminate an investigation in whole or in part as to any or all respondents, on the basis
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`of withdrawal of the complaint or certain allegations contained therein. . . .” This motion comports
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`with the Commission Rules. Further, this motion reduces the number of issues to be decided in
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`this Investigation by reducing the number of asserted claims in this Investigation. The sole purpose
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`of this motion is to streamline this Investigation. The presiding Administrative Law Judge has
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`recognized that “[t]he Commission has held that in the absence of extraordinary circumstances,
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`termination of an investigation will be readily granted to a complainant during the prehearing stage
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`of an investigation. Public policy supports termination in order to conserve public and private
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`resources.” Certain Radio Frequency Identification (RFID) Prods. & Components Thereof, Inv.
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`No. 337-TA-979, Order No. 40, 2016 WL 5349687, at *2 (Sept. 15, 2016).
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`Pursuant to Commission Rule 210.21(a)(1), Complainant states there are no agreements,
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`written or oral, express or implied, between the parties concerning the subject matter of the
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`Investigation (e.g., no settlement, licensing, or any other such agreement). In addition, there are
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`no extraordinary circumstances that would justify denying termination in part as to the Withdrawn
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`Claim. Thus, Complainant respectfully requests its motion be granted.
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`Dated: September 22, 2017
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`Respectfully submitted,
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` /s/ Adam R. Alper
`Adam R. Alper
`Brandon H. Brown
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`Telephone: (415) 439-1400
`Facsimile: (415) 439-1500
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`2
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`Michael W. De Vries
`Ali-Reza Boloori
`KIRKLAND & ELLIS LLP
`333 South Hope Street
`Los Angeles, CA 90071
`Telephone: (213) 680-8400
`
`Katharine M. Burke
`Jonathan Jones
`KIRKLAND & ELLIS LLP
`655 15th Street, N.W.
`Washington, DC 20005
`Telephone: (202) 879-5000
`Facsimile: (202) 879-5200
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`Counsel for Complainant
`Motorola Solutions, Inc.
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`CERTIFICATE OF SERVICE
`I, hereby certify that, on September 22, 2017, true and correct copies of the foregoing
`documents are being served as indicated on the parties listed below:
`
`The Honorable Lisa R. Barton
`Secretary, Office of the Secretary
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W., Room 112-F
`Washington, DC 20436
`(202) 205-2000
`
`The Honorable MaryJoan McNamara
`Administrative Law Judge
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W. Room 317
`Washington, DC 20436
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`Jae.Lee@usitc.gov
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`Counsel for Respondents Hytera Communications Corp. Ltd.,
`Hytera America, Inc., and Hytera Communications America
`(West), Inc.
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`E. Robert Yoches - Lead Counsel
`Finnegan, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`901 New York Avenue, N.W.
`Washington, D.C. 20001-4413
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`Hytera-1053@finnegan.com
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`Via First Class Mail
`Via Courier (FedEx)
`Via Hand Delivery
`Via Email (PDF File)
`Via EDIS
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`Via First Class Mail
`Via Courier (FedEx)
`Via Hand Delivery
`Via Email (PDF File)
`Via EDIS
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`Via First Class Mail
`Via Courier (FedEx)
`Via Hand Delivery
`Via Email (PDF File)
`Via EDIS
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`Michael Dobszewicz
`Senior Paralegal
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`KIRKLAND & ELLIS LLP
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