German Regional Court Rules Hytera Mobilfunk Infringed Motorola Patent
Tuesday, July 17, 2018 | Comments

The German Regional Court of Mannheim ruled that Hytera Mobilfunk infringed a Motorola Solutions patent. The court granted an injunction against Hytera that prevents it from using, selling, importing or distributing the products infringing the patent in Germany.

While Hytera can still appeal the decision to a higher German court, the injunction is immediately enforceable as soon as Motorola posts a required security, which the company said it will do soon.

In addition to preventing the sale, importation and distribution of the infringing products, the court also ordered the recall and destruction of infringing products previously sold by Hytera Mobilfunk in Germany and held Hytera Mobilfunk liable for damages. Hytera would be responsible for covering the costs of those recalled products.

The patent at issue in the case is European Patent (EP) 1 139 562 B1, which relates to technology to improve audio performance in two-way handheld radios and car radios.

In a statement, Hytera Mobilfunk said it disagrees with the court's decision and will appeal. The company also announced that it would suspend sales of the products potentially affected by the injunction in Germany.

"HMF (Hytera Mobilfunk) continues to believe that our products do not infring and that the patent asserted is invalid," Hytera's statement said. "Hytera's dealers and customers benefit from a full range of high-quality, high performance devices with functionality for a wide range of applications. Hytera will continue to develop and deliver innovative, high-quality professional mobile radio solutions to its dealers and customers in Germany and around the world."

In a statement released a few days after the court released its decision, Hytera said it plans to appeal and noted that the decision only affects a small portion of Hytera Mobilfunk products in Germany. Additionally, Hytera said it was in the German market "to stay."

The German court’s decision is the second patent infringement decision that has gone against Hytera Communications and its subsidiaries this month. On July 3, an administrative law judge for the U.S. International Trade Commission (ITC) released an initial final determination finding that Hytera Communications in the U.S. had infringed on four of Motorola’s U.S. patents. That decision could still be reviewed by the ITC before it releases a final determination.

“Motorola Solutions is the world’s leading provider of two-way radio equipment and systems, and innovation has been integral to our long history of success in a continuously evolving industry,” said Mark Hacker, Motorola Solutions general counsel and chief administrative officer. “We are proud of growing our industry-leading portfolio of approximately 5,000 patents. 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.”

In addition to the Mannheim case, Motorola also filed a patent infringement suit against Hytera Mobilfunk in the German Regional Court of Dusseldorf. That case is still pending.

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