Hytera Says It’s in the U.S., German Markets ‘to Stay,’ No Effect on U.S. Products
Thursday, July 19, 2018 | Comments

Hytera Communications released a statement addressing what it called “misleading information in the marketplace” about its legal battles with Motorola Solutions and said it is in the U.S. and German markets “to stay.”

Hytera reiterated that the US International Trade Commission’s (ITC) released decision is an initial determination, and it has requested a review of the decision. The commission’s final determination should be released by Nov. 6.

“Importantly, while the ITC continues its review, there is no effect on the import into the U.S. or the subsequent sale in the U.S. of any of Hytera’s products,” the statement said. “Anyone who tells you otherwise is misinformed.

“Further, whatever the final decision of the ITC in this case, no customers who have purchased DMR (Digital Mobile Radio) products from Hytera need to stop using them or return them. Any ruling this November would not affect Hytera products or systems already sold to customers, including to independent dealers. The ruling would also not affect service for any Hytera products and solutions, including servicing equipment in the field.”

In response to the Hytera petition for a review of the ITC decision, Motorola said it is confident that the full ITC will uphold the initial determination. “As we noted when the ITC issued its initial determination, Judge MaryJoan NcNamara’s ruling follows a lengthy investigation that culminated in a week-long hearing with testimony from both Motorola Solutions and Hytera witnesses, hundreds of pages of briefing materials and thousands of exhibits,” a Motorola spokesman said. “As such, the judge’s ruling validates our allegations, upholds the integrity of our intellectual property and rebukes Hytera for its unscrupulous and unlawful behavior in willfully infringing Motorola Solutions’ patents.”

In its statement, Hytera said the judge's full opinion and Hytera’s subsequent response remain confidential. “Proprietary technologies of both parties are at stake in the ITC case,” Hytera said. “The ITC has agreed to maintain the confidentiality of certain documents and disclosures.”

German Ruling
Hytera also called a patent ruling in Germany “the first decision in what will be a longer process; it is a ‘court-of-first-instance’ ruling,” the statement said.

The German Regional Court of Mannheim ruled July 17 that Hytera Mobilfunk infringed a Motorola Solutions patent. The patent is European Patent (EP) 1 139 562 B1, which relates to technology to improve audio performance in two-way handheld radios and car radios. The court granted an injunction against Hytera that prevents it from using, selling, importing or distributing the products infringing the patent in Germany.

Hytera said it will appeal. “Hytera will seek to invalidate the asserted patent, but we continue to believe our improved noise suppression functionality does not infringe it,” the company said. “Further, despite certain media reports, the ruling in the Mannheim court affects only a limited number of Hytera’s radios sold by Hytera Mobilfunk and has limited impact on Hytera’s operation in Germany. The ruling will have no impact in the U.S. The patent asserted by our competitor in the Mannheim court is not a patent in the U.S.”

Hytera accused Motorola of filing litigation — at least six separate lawsuits against Hytera and its subsidiaries since March 2017 — with the intent to drive up Hytera’s costs. “Our competitor is defaming Hytera and its products and seeking to interfere with our business prospects in the global market,” the company said. “This scheme will not succeed.”

“Be assured: In Germany, in the U.S. and around the world, Hytera is in the market to stay,” the statement said. “We will continue to innovate. We will continue to develop and deliver the world's most versatile, high-quality, professional mobile radio products and solutions. And we expect to prevail — at the ITC, in the other cases our competitor has filed and in our markets.”

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On 7/25/18, Manuel A Alvarez said:
It is another move of Motorola to restrain a competitor for doing business. Motorola did not move a finger until Hytera bought Sepura. Motorola is a company that does not manufacture any equipment in the U.S.; their empty space in Ft. Lauderdale, Florida, shows that. The government should look at how an importer such as Motorola can control most sales of Project 25 (P25) products with no manufacturing in the U.S. Motorola today is full of lawyers, not technical personnel.

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