These patent lawsuits took place in the Regional Court of Düsseldorf, Germany, which determined that Hytera’s two-way Digital Mobile Radio (DMR) subscriber radios that use what Hytera refers to as the “pseudo-trunking” functionality in TDMA Direct Mode are infringing Motorola Solutions’ patent EP 2 342 851 B1.
The Regional Court has granted two injunctions against Hytera. The first prevents Hytera from offering the patented method in Germany, and the second injunction prevents Hytera from offering and delivering products capable of performing the patented method in Germany.
Additionally, it has held Hytera liable for damages. While the current judgments may be appealed by Hytera, they are immediately enforceable upon posting of a required security by Motorola Solutions, which is expected to be completed in short order.
“The Regional Court has ordered remedies that punish Hytera for its illegal conduct and infringement of our intellectual property,” said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions. “Significantly, today’s ruling covers additional Hytera DMR subscribers beyond those that were previously found to infringe our patented squelch technology in an earlier judgment.”
Hacker said Motorola Solutions welcomed legitimate competition. “In fact, we believe that robust, fair competition drives innovation and benefits our customers and our industry as a whole. However, Hytera’s infringement creates an uneven playing field, which ultimately stifles innovation and hurts customers and other end-users,” he added.
“On behalf of our customers, shareholders, employees and other stakeholders, we are committed to defending our proprietary technologies and investments in innovation around the globe,” he said.
This is Motorola Solutions’ second significant victory against Hytera in less than a week. On Nov. 16, the US. International Trade Commission issued a Notice of Final Determination confirming that certain Hytera Communications products infringe four Motorola Solutions U.S patents.
The ITC issued exclusion and cease-and-desist orders for three of Motorola Solutions’ patents, prohibiting Hytera Communications from importing products into the US and selling or marketing those products and rejected Hytera Communications’ request to allow it to import infringing products or components into the US to repair or replace those in the field.
Pending a 60-day presidential review period, the ITC’s exclusion and cease-and-desist orders will take effect on approximately Jan. 15, 2019.
Motorola Solutions’ patent infringement, copyright infringement and trade secret theft lawsuits against Hytera are still pending in the US District Court for the Northern District of Illinois and the Federal Court of Australia.
Richard van der Draay is in Melbourne as a guest of Motorola Solutions