Motorola has another patent win against Hytera

By Jonathan Nally
Wednesday, 18 July, 2018

Motorola has another patent win against Hytera

Motorola Solutions has announced that it has won a patent infringement lawsuit filed against Hytera Mobilfunk GmbH of Bad Münder, Germany (Hytera GmbH), the German subsidiary of Hytera Communications Corporation Limited of Shenzhen, China, in the Regional Court of Mannheim in Germany.

The Mannheim Court determined in the first instance that Hytera GmbH is infringing Motorola Solutions’ patent EP 1 139 562 B1 related to technology that improves the audio performance in two-way handheld radios and mobile radios.

Motorola Solutions said the patented technology provides for an improved listening experience and enhanced audio safety by reducing the radio speaker’s transmission of undesirable noise.

“As a result of the Mannheim Court’s determination that Hytera GmbH is infringing Motorola Solutions’ patent, it has granted an injunction against Hytera GmbH preventing it from using, selling, importing into or distributing infringing products in Germany,” Motorola Solutions said in statement.

According to the statement, the Mannheim Court also ordered the recall and destruction of infringing products previously sold by Hytera GmbH in Germany and held Hytera GmbH liable for damages in a declaratory decision.

The judgment is the first ruling against Hytera GmbH related to the EP 1 139 562 B1 patent, which up until this point Motorola Solutions has not asserted against Hytera anywhere else in the world.

While the judgment may be appealed by Hytera GmbH, it is immediately enforceable upon Motorola Solutions’ posting of a required security, which will be completed very shortly.

“Today’s victory marks another milestone in our global efforts to hold Hytera accountable for its infringement of our patents and to preserve the integrity of our intellectual property,” said Mark Hacker, General Counsel and Chief Administrative Officer of Motorola Solutions.

“Importantly, not only has the Mannheim Court ordered Hytera GmbH to cease the sale of infringing products in Germany, but also to recall and destroy those it has already sold in Germany.

“The infringement demonstrated by Hytera creates an unfair playing field and threatens the industry’s ability to innovate. We will continue to take all necessary actions to stop Hytera’s illegal conduct and protect our intellectual property,” added Hacker.

The decision in Germany comes two weeks after a US International Trade Commission (ITC) judge made a determination in Motorola Solutions’ favour, in a similar long-running patent infringement dispute in the US between the company and Hytera Communications Corporation Limited.

In a development in that case, Hytera Communications Corp Ltd, Hytera America Inc and Hytera Communications America (West), Inc have filed a petition with the ITC requesting review of the Final Initial Determination issued on 3 July by ITC Administrative Law (ALJ) Judge MaryJoan McNamara.

In a statement, Hytera said that its “position remains that its products sold in the US do not infringe MSI’s patents, and that the initial determination is incorrect. MSI originally asserted seven patents in its complaint but later withdrew three.”

“ALJ McNamara ruled that a limited number of claims in the four remaining patents at issue are infringed, but also determined that MSI did not satisfy the technical industry prong of the domestic industry requirement as to another of its patents and did not find Hytera to have violated the statute with respect to that patent.”

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