Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd. et al
Filing
275
MEMORANDUM Opinion and Order Signed by the Honorable Jeffrey Cummings on 1/5/2023. Mailed notice(cc, )
Case: 1:17-cv-01972 Document #: 275 Filed: 01/05/23 Page 1 of 14 PageID #:10488
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MOTOROLA SOLUTIONS, INC.
Plaintiff,
v.
HYTERA COMMUNICATIONS
CORPORATION LTD.,
Defendant.
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No. 1:17-cv-01972
District Judge Franklin U. Valderrama
Magistrate Judge Jeffrey I. Cummings
MEMORANDUM OPINION AND ORDER
Plaintiff Motorola Solutions, Inc., has filed a motion seeking leave to amend its final
infringement contentions and to compel defendants – Hytera Communications Corporation Ltd.
and Hytera America (collectively “Hytera”) – to supplement their responses to various discovery
requests with information regarding Hytera products that were released in October 2021.1 (Dckt.
#254). Hytera filed a response, arguing that Motorola failed to show good cause to amend its
final infringement contentions and that the discovery sought by Motorola is irrelevant because it
relates to products that are not accused in this matter. (Dckt. #263). For the reasons that follow,
the Court grants Motorola leave to amend its final infringement contentions and finds that Hytera
must amend its discovery responses accordingly.
I.
BACKGROUND
Motorola filed this lawsuit in 2017 alleging that Hytera had infringed on seven patents
(namely, patents ‘284, ‘169, ‘869, ‘701, ‘991, ‘972, and ‘111) that are related to digital, two-way
1
Pursuant to the parties’ stipulation of voluntary dismissal with prejudice, all claims against defendant
Hytera Communications America (West), Inc., were dismissed on July 21, 2022. (Dckt. #269).
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radio technologies. (Dckt. #1). Hytera subsequently brought a counterclaim against Motorola,
seeking declarations of invalidity and noninfringement. (Dckt. #105).
Motorola served its final infringement contentions on August 5, 2020. These contentions
included the redesigned “i-Series” DMR radios, which Hytera had released in 2019. (Dckt. #254
at 4). On or around October 29, 2021, Hytera announced the launch of yet another line of DMR
radios: the “H-Series.” (Id.). Thirteen days later, during a meet and confer, Motorola informed
Hytera that it would seek additional discovery related to the H-Series products. (Dckt. #254 at 4;
Dckt. #263 at 5). On November 16, 2021, Motorola sent Hytera a letter doing just that. (Dckt.
#263-2). In particular, Motorola asked that Hytera supplement its document production, source
code production, and interrogatory responses to include information regarding the H-Series
radios, as well as provide a witness to testify at a deposition about technical details, marketing,
and financial data related to the H-Series. (Dckt. #246). On November 19, 2021, Hytera
informed Motorola that it would not provide the requested information because the H-Series
products had not been accused of infringement. (Dckt. #263 at 5).
The parties were unable to come to an agreement and, on November 23, 2021, they
submitted a joint status report outlining their positions on discovery related to the H-Series.
(Dckt. #246). On January 3, 2022, the Court ordered Hytera “to provide limited discovery”
stipulating: (1) whether the H-Series products include any of the accused features, and (2)
whether the H-Series is intended for sale in the United States. (Dckt. #247). Following this
disclosure, the parties were to meet and confer to “determine whether any further discovery
related to the H-Series radios [was] appropriate.” (Id.). The Court also set a fact discovery
deadline of February 18, 2022. (Id.).
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Pursuant to the Court’s order, Hytera supplemented its response to Motorola’s
Interrogatory No. 11 on January 18, 2022. Hytera disclosed that the H-Series included four twoway radios, a mobile radio, and a DMR repeater, which a third-party had begun importing into
the United States. (Dckt. #250 at 3). Hytera further stipulated that the H-Series products had the
“same functionality as the i-Series” with respect to the accused features related to the ‘284 and
‘169 patents. (Id.).
On February 17, 2022, Motorola sent Hytera a letter asking that Hytera: (1) confirm
whether its statement that the H-Series incorporated “the same functionality as the i-Series”
meant that the products use the same source code as the i-Series for the accused features; and (2)
disclose whether it would raise any new or different non-infringement defenses for the H-Series.
(Dckt. #250-1). Fact discovery closed the next day. On February 22, 2022, Hytera responded
that it would not answer the two questions posed by Motorola, as the questions were
“procedurally out of time and substantively inappropriate.” (Dckt. #250-2). During a
subsequent meet and confer on March 3, 2022, Hytera confirmed that it would oppose
Motorola’s request for leave to supplement its infringement contentions and that it would not
provide any discovery related to the H-Series absent a Court order. (Dckt. #254). Motorola filed
the instant motion on March 14, 2022.
II.
LEGAL STANDARD
The Northern District of Illinois has adopted local patent rules designed “to prevent a
‘shifting sands’ approach to claim construction by forcing the parties to ‘crystallize their theories
of the case early in litigation.’” Beckman Coulter, Inc. v. Sysmex Am., Inc., No. 18-cv-6563,
2019 WL 1875356, at *2 (N.D.Ill. Apr. 26, 2019); Nordstrom Consulting, Inc. v. Innova Sys.,
Inc., No. 18-cv-3011, 2022 WL 16744177, at *2 (N.D.Ill. Nov. 4, 2022). Motions to amend final
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infringement contentions are governed by Local Patent Rule 3.4, which provides that a party may
amend its final infringement contentions “only by order of the Court upon a showing of good
cause and absence of unfair prejudice to opposing parties, made promptly upon discovery of the
basis for the amendment.” LPR 3.4; Oleksy v. Gen. Elec. Co., No. 06 C 1245, 2013 WL
3944174, at *2 (N.D.Ill. Jul. 31, 2013). The party seeking to amend its infringement contentions
bears the burden of establishing good cause and lack of unfair prejudice. Thermapure, Inc. v.
Giertsen Co. of Illinois, No. 10 C 4724, 2012 WL 6196912, at *1 (N.D.Ill. Dec. 11, 2012).
As for Motorola’s motion to compel, a party may file such a motion under Federal Rule
of Civil Procedure 37 whenever another party fails to respond to a discovery request or when its
response is insufficient. Fed.R.Civ.P. 37(a). Courts resolve these disputes by adopting a liberal
interpretation of the discovery rules. Chicago Reg. Council of Carpenters Pension Fund v.
Celtic Floor Covering, Inc., 316 F.Supp.3d 1044, 1046 (N.D.Ill. 2018). Rule 26 provides that
“[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s
claim or defense.” Fed.R.Civ.P. 26(b)(1); see Motorola Sols., Inc. v. Hytera Commc’ns Corp.,
365 F.Supp.3d 916, 924 (N.D.Ill. 2019) (“Relevance focuses on the claims and defenses in the
case, not its general subject matter.”). Discoverable information is not limited to evidence
admissible at trial. Fed.R.Civ.P. 26(b)(1). The Court has broad discretion both in managing
discovery matters and when enforcing the Local Patent Rules. Medline Indus., Inc. v. C.R. Bard,
Inc., 511 F.Supp.3d 883, 888-89 (N.D.Ill. 2021).
III.
ANALYSIS
Motorola asserts that it has shown good cause for the proposed amendments to its final
infringement contentions and that the amendments it seeks will not unfairly prejudice Hytera.
Motorola further argues that – regardless of whether the contentions are amended – Hytera has
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an obligation to supplement its discovery responses with information related to its new H-Series.
The Court will address each argument in turn.
A.
Motorola may amend its final infringement contentions to include Hytera’s
H-Series products.
Motorola seeks leave to amend its final infringement contentions to accuse the H-Series
of infringing four patents: ‘284, ‘169, ‘869, and ‘701. (Dckt. #254 at 7). Hytera opposes this
motion, calling the effort to supplement a “fishing expedition” and arguing that it would be
“greatly prejudiced” by the additional discovery such an amendment would prompt. (Dckt. #263
at 4). For the following reasons, the Court finds that Motorola has met its burden under Local
Patent Rule 3.4 to show both good cause and lack of unfair prejudice.
1.
Motorola has established good cause to amend its infringement
contentions.
“Courts have interpreted the good cause requirement to not only require a showing that a
valid basis for amendment exists but also that the party seeking leave to amend acted diligently.”
Oleksy, 2013 WL 3944174, at *2. Hytera first argues that Motorola has failed to offer a valid
basis for amendment because it “does not have requisite information to even allege the H-Series
as an accused product at this point.” (Dckt. #263 at 8). Hytera goes on to say that Motorola is in
a pickle, as it “failed to conduct a pre-suit investigation relating to the H-Series before discovery
closed, but it needs discovery to justify adding the H-Series to this case.” (Id.). The Court
disagrees.
First, the Court notes that Motorola has offered a basis for its amendment: namely,
Hytera’s own January 18, 2022 disclosure. In particular, Hytera admits that the H-series
products include the “same functionality” as the accused i-Series products as related to patents
‘284 and ‘169. (Dckt. #250 at 3). With regard to the other two patents – ‘869 and ‘701 –
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Motorola plans to “accuse the H-Series under the same theory with which it accuses the i-Series
of infringing those two patents.” (Dckt. #254 at 8). In other words, Motorola has the same bases
for accusing the H-Series products as it does for the already-accused i-Series products.
Second, infringement contentions do not “require a party to set forth a prima facie case of
infringement and evidence in support thereof.” Realtime Data, LLC v. Packeteer, Inc., No: 6:08cv-144, 2009 WL 2590101, at *5 (E.D.Tex. Aug. 18, 2009). Rather, they are “meant to frame
the scope of the case in order to provide for timely discovery.” Fujitsu Ltd. v. Tellabs
Operations, Inc., Nos. 08 C 3379, 09 C 4530, 2012 WL 5444979, at *4 (N.D.Ill. 2012); see also
PersonalWeb Techs., LLC Google Inc., No. C13-01317-EJD (HRL), 2014 WL 218164, at *4
(N.D.Cal. Jan. 17, 2014) (“[T]he expectation that a ‘patentee would have a precise sense of its
infringement theory at the outset’ is ‘unrealistic . . . [where] the patentee may not have been able
to get access to the necessary information because it is hidden from view . . . .’”), quoting Peter
S. Menell et al., Federal Judicial Center, Patent Case Management Judicial Guide 4-14 (2009). It
is enough, therefore, that a plaintiff give “reasonable notice to the defendant [as to] why the
plaintiff believes it has a reasonable chance of proving infringement and raise a reasonable
inference that all accused products infringe.” Digital Reg of Texas, LLC v. Adobe Sys., Inc., No.
CV 12-01971-CW (KAW), 2013 WL 633406, at *3 (N.D.Cal. Feb. 20, 2013).
Hytera does not claim any confusion as to why Motorola believes the H-Series products
infringe upon the four listed patents. Accordingly, the Court finds that the reasons submitted by
Motorola for adding the H-Series are sufficient to constitute a valid basis for the amendment.
See Midwest Athletics and Sports All. LLC v. Xerox Corp., No. 19-cv-6036W, 2021 WL
2906372, at *8 (W.D.N.Y. Jul. 9, 2021) (noting that a party need not confirm its infringement
theories before asserting proposed allegations); Fujitsu Ltd., 2012 WL 5444979, at *6 (same).
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The Court further notes that Motorola’s inability to provide the evidence that would
generally support a motion to amend – such as source code – is entirely the result of Hytera’s
refusal to answer the questions that would allow it to do so. See Linex Techs., Inc. v. HewlettPackard Co., No. C13–159 CW, 2013 WL 5955548, at *2 (N.D.Cal. Nov. 6, 2013) (“Courts
typically grant leave to amend infringement contentions after a patentee has been given the
opportunity to inspect relevant source code.”). On February 17, 2022, Motorola asked Hytera to
confirm whether the H-Series products contain the same source code as the i-Series products for
the accused features and whether Hytera would raise any new or different non-infringement
defenses for the H-Series. After refusing to comply with these requests, Hytera cannot now fault
Motorola for failing to produce that same evidence in support of the instant motion. See Mondis
Tech., Ltd. v. LG Electronics, Inc., Nos. 2:07-cv-565-TJW-CE, 2:08-cv-478-TJW, 2011 WL
2149925, at *2 (E.D.Tex. May 5, 2011) (“TPV cannot complain of prejudice when it was TPV’s
discovery procedures that created, at least in part, the problem.”).
As for whether Motorola acted with diligence, “the relevant inquiry is not when the party
learned about the information, but when it could have made the discovery.” Sloan Valve Co. v.
Zurn Indus., Inc., No. 10 C 204, 2013 WL 622951, at *2 (N.D.Ill. Feb. 20, 2013) (emphasis
added). Here, as explained in Section I, Hytera announced the release of the H-Series on
October 29, 2021. Less than two weeks later – on November 11, 2021 – Motorola informed
Hytera that it would seek additional discovery related to the H-Series products. Hytera refused
to provide the requested information, prompting Motorola to seek relief from this Court, which
was granted on January 3, 2022. On January 18, 2022, Hytera admitted that the H-Series
products shared the same functionality as the i-Series. One month later, Motorola posed
additional questions related to that disclosure, which Hytera twice refused to answer. Motorola
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filed the instant motion eleven days after the second refusal. In light of this timeline, the Court
finds that Motorola acted diligently.
First, the fact that Motorola could not have independently accessed information regarding
the H-Series prior to Hytera’s October 29 announcement supports a finding of diligence. See
GREE, Inc. v. Supercell Oy, No. 2:19-cv-00311-JRG-RSP, 2020 WL 7698831, at *2 (E.D.Tex.
2020) (“The Court has routinely held that a patentee has good cause to amend its infringement
contentions to include newly accused products that the defendant introduced to the market after
the plaintiff served its initial infringement contentions.”); compare Pavo Sols. LLC v. Kingston
Tech. Co. Inc., No. 8:14-cv-1352-JLS-KES, 2018 WL 5099294, at *2 (C.D.Cal. July 18, 2018)
(finding a lack of diligence where plaintiff could have discovered the potentially infringing
devices earlier had it conducted a more thorough investigation).
Second, while Hytera makes much of the fact that Motorola waited until after fact
discovery had closed to file the instant motion, (Dckt. #263 at 10), the Court finds it more
pertinent that Motorola waited only thirteen days after the release of the H-Series to notify
Hytera that it would request additional discovery related to those products. Courts have found
that such prompt discovery requests regarding potential infringement contentions are sufficient
to put the opposing party on notice and, therefore, support a finding of diligence. See, e.g.,
Polaris PowerLED Techs. v. Samsung Elecs. Am., Inc., No. 2:17-cv-00715-JRG, 2019 WL
11585349, at *3 (E.D.Tex. Apr. 24, 2019) (“The Note9 and Kant M2/M3 TVs had not yet been
launched by the time Polaris served its initial infringement contentions, and Polaris was diligent
in seeking discovery on these products and seeking to amend its contentions as soon as it became
aware that these products might infringe.”); Bd. of Tr. of Leland Stanford Junior Univ. v. Roche
Molecular Sys., Inc., No. C 05–4158, 2008 WL 624771, at *3 (N.D.Cal. March 4, 2008)
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(“Though Stanford was arguably not diligent in pursuing the amendment with this court, it was
diligent in notifying and seeking discovery from Roche.”); IXYS Corp. v. Advanced Power Tech.,
Inc., 321 F.Supp.2d 1133, 1152 n.19 (N.D. Cal. 2004) (“While [defendant’s] motion makes clear
that it has not complied fully with the letter of the local rules, the court finds that [plaintiff] has
long been on notice of these potential combination[s].”).2
Perhaps Motorola should not have waited a month to seek clarification regarding
Hytera’s January 18, 2022 disclosure, as Hytera suggests. (Dckt. #263 at 11). But the Court
does not find this delay to be dispositive. See Linex Techs., Inc., 2013 WL 5955548, at *1
(“[E]ven if the movant was arguably not diligent, the court retains discretion to grant leave to
amend.”). Even if Motorola had immediately sought clarification regarding Hytera’s statement
that the H-Series contained the “same functionality” as the contested i-Series and filed a motion
to amend its contentions that very day, the motion would not have been resolved until after the
fact discovery deadline. In other words, the parties would be in precisely the same position as
they are in now. Because Motorola has shown that it has a valid basis for its proposed
amendments (the new products incorporate the same technology as other accused products) and
that it acted with diligence (by promptly seeking discovery after Hytera announced the new
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The above-outlined circumstances – namely, that Motorola (1) could not have discovered information
related to the H-series prior to Hytera’s announcement; (2) promptly notified Hytera that it would seek
discovery on these products; and (3) diligently pursued, through court filings and meetings with opposing
counsel, additional discovery related to these products in the following weeks – distinguishes this case
from those cited by Hytera. Thermapure, 2012 WL 6196912, at *1; O2 Micro Int’l Ltd. v. Monolithic
Power Sys., Inc., 467 F.3d 1355, 1367 (Fed.Cir. 2006) (finding no diligence where plaintiff failed to
explain why it took three months to sufficiently develop a theory supporting its proposed amended
contentions); Philps North America LLC v. Fitbit LLC, No. 19-11586-FDS, 2021 WL 5417103, at *3 (D.
Mass. Nov. 19, 2021) (although defendant was on notice that plaintiff would seek an amendment, the
court found a lack of diligence where “plaintiff did nothing for many months after that ‘notification’”)
(emphasis added).
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product line and seeking leave to amend within five months of the products’ release), the Court
finds that it has met its burden of showing good cause to amend.
2.
Hytera will not be unfairly prejudiced by the proposed amendments
to Motorola’s infringement contentions.
The Court further finds that permitting Motorola to amend its final infringement
contentions would not unfairly prejudice Hytera. First, the fact that Motorola accuses the HSeries products under the same theories of infringement as the i-Series weighs strongly against a
funding of unfair prejudice. See Midwest Athletics and Sports All. LLC, 2021 WL 2906372, at
*7 (finding no undue prejudice where new products “are alleged to infringe for the same reason
as the currently accused products”); Philips North Am. LLC, 2021 WL 5417103, at *5 (“Some
district courts have found that a party may move to add a new or updated product without
prejudicing the non-moving party if that addition would not substantially change the asserted
infringement theory.”) (citing cases); Zest IP Holdings, LLC v. Implant Direct MFG, LLC, No.
10-cv-0541-GPC-WVG, 2013 WL 1626111, at *4 (S.D.Cal. Apr. 15, 2013) (granting motion to
amend infringement contentions to add updated version of accused product, where plaintiff
argued that same patent claims and infringement theories applied).
The Court acknowledges that fact discovery has now closed and, at a certain point, this
case must begin “to narrow, not expand.” Richtek Tech. Corp. v. uPi Semiconductor Corp., No.
C 09-05659 WHA, 2016 WL 1718135, at *3 (N.D.Cal. Apr. 29, 2016); see also Rembrandt
Patent Innovations, LLC v. Apple Inc., Nos. C 14-05094 WHA, C 14-05093 WHA, 2015 WL
8607390, at *3 (N.D.Cal. Dec. 13, 2015) (“There must be some reasonable cut-off date after
which [a patent holder] cannot further expand the case simply because [the accused infringer]’s
product cycle has outpaced the resolution of this case.”). Nonetheless, Motorola has stipulated
that the additional discovery needed with regard to its proposed additions would be “targeted”
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and “limited,” such that it could be completed within thirty to sixty days. (Dckt. #254 at 11).
This, too, supports a finding that Hytera would not suffer unfair prejudice. See Midwest Athletics
and Sports All. LLC, 2021 WL 2906372, at *7 (finding no prejudice where plaintiff represented
that the addition of new products would require “minimal discovery limited to technical
documents, such as user guides and product manuals, and financial information”).
Furthermore, while the Court agrees with Hytera’s assertion that it would incur some
expense and burden if required to engage in additional discovery, Hytera fails to explain how the
targeted discovery sought by Motorola would cause it to experience “undue prejudice.” See
Corel Software, LLC v. Microsoft Corp., No. 2:15-cv-00528-JNP-PMW, 2018 WL 5792323, at
*3 (D.Utah Nov. 5, 2018) (“[I]t is usually true that any amendment of the Final Contentions
would lead to additional work and expense on the part of the non-amending party. Thus, the
inconvenience and expense required by additional discovery and briefing of the new issues does
not generally rise to the level of undue prejudice.”) (emphasis in original); Monolithic Power
Sys., Inc. v. Silergy Corp., No. 14-cv-01745-VC (KAW), 2015 WL 5440674, at *3 (N.D.Cal.
Sept. 15, 2015) (“[V]ague statements professing undue prejudice without articulating any
substantive ways in which it will be prejudiced – which should be apparent because the proposed
infringement contentions were provided – is insufficient.”).
Finally, the Court finds that the proposed amendments would not seriously disrupt the
timeline for the completion of this litigation. As Motorola notes, claim construction has yet to be
decided, expert depositions have not been taken, and the parties have not filed motions for
summary judgment. (Dckt. #254 at 11). See GREE, Inc., 2020 WL 7698831, at *4 (finding
minimal prejudice caused by adding additional product on the “eve of expert reports” where
amended contentions would not impact claim construction or invalidity contentions); TurboChef
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Techs., Inc. v. Garland Commercial Indus., LLC, No. 3-07-cv-1330-F, 2010 WL 11618098, at *3
(N.D.Tex. Mar. 9, 2010) (finding no prejudice where defendant had “not shown that the
amendment of the infringement contentions [would] impact claim construction issues the Court
[had] already addressed”). The Court can mitigate any potential prejudice by adjusting the
discovery deadline according to the parties’ needs.
Because Motorola has shown good cause for its proposed amendments and that Hytera
will not be unfairly prejudiced by them, the Court grants Motorola leave to amend its final
infringement contentions to include Hytera’s H-Series products.
B.
Hytera must amend its discovery responses to provide technical
documentation and source code related to the H-Series products.
The Court now turns to Motorola’s request to compel amended discovery responses that
include information on Hytera’s H-Series products. Motorola argues that – pursuant to Federal
Rule of Civil Procedure 26(e) – Hytera was obligated to supplement its responses to Requests for
Production Nos. 1-8, 15-36, 40, 42-43, 45-52, 56, 60, 64, 83, 85, 104-108, 121, 131, and 133-35
with information regarding the H-Series products as soon as those products were developed and
released. According to Motorola, the H-Series constituted an “Accused Product” and, therefore,
was covered by these requests even before Motorola accused the H-Series of infringing its
asserted patents – or, indeed, before Motorola knew the H-Series line existed. (Dckt. #254 at
12). Motorola asks that the Court compel Hytera to amend its responses to those requests and
provide “a corporate designee to testify about the development and operation of the H-series.”
(Id. at 254). Hytera responds that it had no duty to supplement discovery with information about
the H-Series because the H-Series “is not part of this case.” (Dckt. #263 at 14).
In light of the Court’s decision to grant Motorola leave to amend its final infringement
contentions to include the H-Series products, the question of whether the H-Series falls under
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Motorola’s definition of an “Accused Product” is now irrelevant. Once Motorola submits its
amended contentions, these products will unquestionably be a “part of the case.” Accordingly,
Hytera must amend its discovery responses to include information related to the H-Series.
Because Hytera maintained that it should not be required to provide any discovery related
to the H-Series, it did not address the particular discovery requests made by Motorola in its brief
opposing Motorola’s motion to compel. (Dckt. #263 at 14-15). Accordingly, the parties shall
meet and confer to determine what additional discovery is necessary in light of the pending
amendment. Given the fact that the parties have already completed fact discovery related to
Motorola’s other infringement contentions, the Court expects this process will mirror the process
that the parties have already completed. Motorola’s stipulation that any additional discovery
would be “targeted” and “limited,” (Dckt. #254 at 11), further assures this Court that Motorola
will tailor its requests to seek only information that is clearly relevant and important to its
infringement claims. At the very least, Hytera shall: (1) provide Motorola with the source code
for the soon-to-be-accused H-Series products; (2) stipulate whether it will raise any new or
different non-infringement defenses for the H-Series; and (3) prepare a corporate designee to
testify about the H-Series.
By February 2, 2023, the parties shall submit a joint status report setting forth: (1) what
date Motorola will depose a Hytera witness regarding the H-Series products; (2) the agreed-upon
scope of discovery related to Hytera’s H-Series products; and (3) a reasonable deadline by which
the parties expect this discovery to be completed. The Court will issue an updated fact discovery
deadline following the submission of this report.
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CONCLUSION
For the foregoing reasons, Motorola’s motion seeking leave to amend final infringement
contentions and compelling discovery of technical information about Hytera’s H-Series DMR
Products, (Dckt. #254), is granted. Motorola shall serve its amended infringement contentions
by January 13, 2023. The parties shall meet and confer to discuss what targeted discovery
related to the H-Series is necessary and to determine a reasonable timeline for Hytera to provide
its amended responses. By February 2, 2023, the parties shall submit a joint status report
regarding their proposed schedule for the completion of the addition fact discovery specified
herein.
ENTERED: January 5, 2023
______________________
Jeffrey I. Cummings
United States Magistrate Judge
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