Motorola Solutions Files Copyright Infringement Proceedings in Australia Against Hytera Communications and Hytera Communications (Australia) Pty Limited
Motorola Solutions Seeks Pecuniary Relief and an Injunction Preventing Hytera
From Selling all DMR Products that Include Code
Motorola Solutions’ Claims Directed to Hytera’s Current and New “i-Series” Products
CHICAGO – December 19, 2018 – Motorola Solutions, Inc. (NYSE: MSI) today announced it has filed a claim for copyright infringement against Hytera Communications Corporation Limited (SHE: 002583) of Shenzhen, China and Hytera Communications (Australia) Pty Limited of Australia (collectively, “Hytera”) in the Federal Court of Australia. Motorola Solutions’ application for leave to introduce the copyright infringement claim was heard on 13 December 2018 and orders were made by the Federal Court granting leave on 19 December 2018.
The new claim asserts that Hytera unlawfully copied Motorola Solutions’ MotoTRBO source code into Hytera’s Digital Mobile Radio (DMR) equipment, thereby infringing and continuing to infringe Motorola Solutions’ copyright in violation of Australian copyright laws. Motorola Solutions seeks damages or an account of profits for this unlawful conduct, as well as an injunction preventing the importation or sale in Australia of all Hytera products using the code, including adaptations of that code and such additional relief as the Federal Court deems appropriate. The devices that are the subject of Motorola Solutions’ claim for copyright infringement include Hytera’s so-called i-Series product line.
As previously announced in July 2017, Motorola Solutions filed patent infringement proceedings against Hytera in the Federal Court of Australia asserting that certain Hytera DMR products offered in Australia infringe three of Motorola Solutions’ Australian patents: AU2005275355, AU2006276960 and AU2009298764. The DMR products at issue include a substantial number of Hytera’s DMR portables (37 models), mobiles (6 models), and repeaters (4 models). In connection with those patent infringement claims, Motorola Solutions seeks a declaration that Hytera has infringed Motorola Solutions’ patents and an order permanently restraining Hytera from continued infringement, as well as damages or an account of profits and such additional relief as the Federal Court deems appropriate.
“As evidenced by our recent victories at the U.S. International Trade Commission and in Germany, Hytera is a serial infringer and copier that has cheated its way to the market,” said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions. “We will not relent in holding Hytera accountable for its egregious and illegal behavior and protecting our intellectual property for the benefit of our customers, shareholders, employees, partners and other stakeholders.”
In addition to the Federal Court of Australia, Motorola Solutions’ patent infringement, copyright infringement and trade secret theft lawsuits against Hytera are still pending in the U.S. District Court for the Northern District of Illinois.
The proceedings in the Federal Court of Australia are proceeding number NSD1283/2017.
For additional information regarding Motorola Solutions' legal actions against Hytera, please visit https://newsroom.motorolasolutions.com/presskits/motorola-solutions-intellectual-property.htm.
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.