Motorola Solutions Wins ITC Case; Final Determination Confirms Hytera Infringes Motorola Solutions’ Patents

on Sunday, 18 November 2018. Posted in Two Way Radio Industry News Blog

ITC Issues Orders Excluding Importation, Sale or Marketing of Infringing Hytera Products in United States

ITC Rejects Hytera’s Request for Repair and Replacement Exception

CHICAGO – Nov. 16, 2018 – Motorola Solutions, Inc. (NYSE: MSI) today announced that the U.S. International Trade Commission (ITC) has issued a Notice of Final Determination confirming that certain Hytera Communications Corporation Limited (SHE: 002583) products are infringing four Motorola Solutions patents. The ITC has also issued exclusion and cease-and-desist orders for Motorola Solutions’ U.S. Patent Nos. 7,369,869, 7,729,701 and 8,279,991, prohibiting Hytera from importing products into the United States and selling or marketing those products. The ITC also rejected Hytera’s request to allow it to import infringing products or components into the U.S. to repair or replace those in the field. The ruling also affirms Administrative Law Judge McNamara’s finding that Hytera “unquestionably copied certain of Motorola patented technologies.”

“The Commission’s validation of Judge McNamara’s findings is a significant victory for Motorola Solutions and another important step in holding Hytera accountable for its serial infringement of our patents,” said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions. “Motorola Solutions has invested significant resources researching, developing and delivering new and innovative products for our customers around the world. In contrast, Hytera has brazenly and repeatedly copied our proprietary intellectual property. The ITC’s Final Determination further validates our global efforts to halt Hytera’s egregious and unlawful behavior and safeguard Motorola Solutions’ technology portfolio.”

A mandatory 60-day presidential review period has now begun, during which the U.S. President may modify the ITC’s Final Determination. The ITC’s exclusion and cease-and-desist orders will take effect on approximately Jan. 15, 2019, when all Hytera products infringing Motorola Solutions’ ’869, ’701 and ’991 patents, including the following products, would be excluded from the U.S. market:

  • 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.

In addition to today’s ITC victory, Motorola Solutions recently prevailed against Hytera in the Regional Court of Mannheim in Germany in a similar patent infringement case. Motorola Solutions will also continue to vigorously pursue its patent infringement, copyright infringement and trade secret theft lawsuits against Hytera in the U.S. District Court for the Northern District of Illinois, the Regional Court of Düsseldorf in Germany, the Federal Court of Australia and other jurisdictions around the world.

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.