Infringing Hytera Products Banned from Importation to United States
Hytera products subject to the ban include the following:
Motorola Solutions, Inc. (NYSE: MSI) announced that the International
Trade Commission’s (ITC) importation ban and cease-and-desist orders for
Hytera’s products infringing Motorola Solutions’ patents take effect
today following the mandatory 60-day presidential review period. Today
marks a clear and final win in Motorola Solutions’ U.S. International
Trade Commission (ITC) case against Hytera Communications Corporation
Limited (SHE: 002583) (“Hytera”).
All Hytera products infringing Motorola Solutions’ U.S. Patent Nos.
7,369,869, 7,729,701 and 8,279,991 (“Patents”) are excluded from the
United States. Hytera products subject to the ban include the following:
-
Radios (Subscribers): MD652, MD782, BD302, BD362, BD502, PD412,
PD502, PD562, PD602, PD662, PD682, PD702, PD752, PD782, PD792, PD982,
X1e and X1p; and - Repeaters: RD622 and RD982.
“The expiration of the mandatory review period marks the final step of
the ITC’s investigation against Hytera, and Hytera is now prohibited
from importing infringing products into the United States,” said Mark
Hacker, general counsel and chief administrative officer of Motorola
Solutions. “Motorola Solutions has invested extensively in researching,
developing and delivering new and innovative products for our customers
around the world, while Hytera has brazenly and repeatedly copied our
proprietary intellectual property.
“The commencement of the importation ban and the rejection of Hytera’s
request for a repair and service exception are major steps in holding
Hytera accountable for its theft and serial infringement of our patents,
technology and innovation,” Hacker continued. “Motorola Solutions
welcomes legitimate competition, but it is only legitimate when
companies compete on the basis of their own original technologies. We
will continue to vigorously defend our intellectual property for the
benefit of our stakeholders around the world, and we look forward to
presenting our trade secret misappropriation and copyright infringement
claims to a jury in Chicago, Illinois in November.”
As previously announced, in November 2018 the ITC issued a Notice of
Final Determination confirming that certain Hytera products are
infringing four Motorola Solutions patents. The ITC issued exclusion and
cease-and-desist orders for Motorola Solutions’ ’869, ’701 and ’991
patents, prohibiting Hytera from importing infringing products into the
United States and selling or marketing those products. At that time, the
ITC also rejected Hytera’s request to allow it to import infringing
products or components into the U.S. to repair or service those in the
field. The ruling affirmed Administrative Law Judge Mary Joan McNamara’s
finding, in her Initial Determination, that Hytera “unquestionably
copied certain of Motorola patented technologies.”
Motorola Solutions notes that Hytera’s recent product announcements of
its new i-Series continue to be conspicuously silent regarding when
those new products will be commercially available. Motorola Solutions’
patents enable important call processing capabilities, so any modified
Hytera products with Motorola Solutions’ patented technology removed
will lack these key technologies and features. If and when any such
newly released products become available, Motorola Solutions will
promptly evaluate them to determine if they contain technologies subject
to the ITC’s orders or Motorola Solutions’ patent portfolio.
In addition to the ITC victory, Motorola Solutions recently prevailed
against Hytera in the Regional Courts of Mannheim and Düsseldorf in
Germany in similar patent infringement cases. Motorola Solutions will
also continue its patent infringement, copyright infringement and trade
secret theft lawsuits against Hytera in the U.S. District Court for the
Northern District of Illinois and the Federal Court of Australia.
For additional information regarding Motorola Solutions' legal actions
against Hytera, please visit https://newsroom.motorolasolutions.com/presskits/motorola-solutions-intellectual-property.htm.
Forward-Looking Statements
This press release contains certain forward-looking statements including
statements regarding expectations with respect to litigation filed by
Motorola Solutions, Inc., and the outcomes possible if successful. By
their nature, forward-looking statements involve risk and uncertainty
because they relate to future events and depend on circumstances that
will or may occur in the future and are outside the control of Motorola
Solutions, Inc., and its officers. Actual results may differ from those
expressed in such statements depending on a variety of factors including
those discussed in this release.
About Motorola Solutions
Motorola Solutions is a global leader in mission-critical
communications. Our technology platforms in communications, software,
video and services make cities safer and help communities and businesses
thrive. At Motorola Solutions, we are ushering in a new era in public
safety and security. Learn more at www.motorolasolutions.com.
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respective owners. ©2019 Motorola Solutions, Inc. All rights reserved.
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