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830 Patent | Illinois Northern
Minute
MINUTE entry before the Honorable Franklin U. Valderrama: This matter has been pending for some time and the Court has every interest in resolving the remaining summary judgment motions as soon as possible, as well as in setting a trial date. However, in the Court's review of the parties' briefs on Hytera's motion for partial summary judgment of non-infringement of the '972 Patent, and specifically as it pertains to Claim 7, the parties dispute the construction of the term "audio input circuitry." Compare R. [450-1] at 7; R. 528 at 3-5 with R. 483 at 5-6. While the Court could engage in claim construction on its own now, see, e.g., Conoco, Inc. v. Energy & Env't Int'l, L.C., 460 F.3d 1349, 1359 (Fed. Cir. 2006), the parties have not put forth meaningful claim construction arguments to the Court. Therefore, the Court finds the better course of action is to allow the parties to engage in claim construction as to the term "audio input circuity." The Court directs Motorola to file an opening brief on or before 10/20/2026 and Hytera to file a response by 10/27/2026; no reply will be permitted absent further order of Court. The Court acknowledges that under Local Patent Rule 4.2, the party opposing infringement files the opening brief. If Hytera has an objection to the proposed order of briefing, Hytera is directed to file a status report so informing the Court on or before 10/8/2026 at noon. Mailed notice. (jcm) (Entered: 10/06/2026)
Sealed Memorandum Opinion And Order
SEALED MEMORANDUM OPINION AND ORDER: For the reasons in the accompanying Order, the Court grants in part and denies in part Hytera's motion for summary judgment for partial summary judgment of non-infringement of the '991, '701 and '869 Patents 451 . Hytera's motion for summary judgment is denied as moot as to its infringement claim relating to the H-Series products regarding the '991 Patent in Count V. The Court deems Motorola's Amended Complaint amended to remove: (1) its infringement claim relating to the i-Series products regarding the '991 Patent in Count V, and (2) its direct infringement claim relating to the i-Series and H-Series products regarding the '701 Patent in Count IV. These claims are dismissed with prejudice. Hytera's motion for summary judgment is denied as to Motorola's claims for induced infringement of the '701 and '869 Patents under 35 U.S.C. § 271(b). Hytera's motion for summary judgment is granted as to Motorola's claims for contributory infringement of the '701 and '869 Patents under 35 U.S.C. § 271(c), and as to Motorola's claim for direct infringement of the '869 Patent under 35 U.S.C. § 271(a). The parties are to file a joint position statement by 10/19/2026, explaining what (if any) redactions are needed in the text of the Order, and why (bearing in mind the strict standard against secret filings, see generally Mitze v. Saul, 968 F.3d 689 (7th Cir. 2020)). That position statement may be filed under seal. After considering the proposed redactions, the Court will issue a public version of the Order. Signed by the Honorable Franklin U. Valderrama on 9/28/2026. Mailed notice. (jcm) (Entered: 09/28/2026)
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