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Motorola Urges Hytera To Provide Communications With Customers On ITC's Orders

Motorola Solutions Inc. (MSI) urged Hytera Communications Corporation Limited to permit the U.S. International Trade Commission or ITC's rulings to be made public. Dealers and customers deserve the right to make informed decisions about the risks they run in purchasing products lacking the critical functionalities covered by Motorola's patents, and in doing business with a company that has engaged in intentional copying, infringement and misappropriation.

"The numerous court rulings across the globe have confirmed that Hytera is a serial infringer of Motorola Solutions' intellectual property," said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions. "Moreover, it has been reported in a recent interview that Hytera admitted that its new i-Series will lack important features available on Motorola Solutions' devices."

Mark Hacker said, "While Hytera has stated that the features are 'minor,' we believe Hytera is deliberately misleading its own customers and distributors as our patented technologies provide important benefits that vastly improve performance. Any products without those features, including Hytera's supposed new 'i-Series,' will be severely limited in functionality. In addition, Hytera's contention that its 'i-Series' has been broadly cleared by the ITC is not supported by the ITC's public materials."

On November 16, 2018, the U.S. International Trade Commission issued a Notice of Final Determination confirming that certain Hytera products infringe all four Motorola Solutions U.S. patents, and issued exclusion and cease-and-desist orders for three of those patents. As a result, following the conclusion of the Presidential review period (January 15, 2019), Hytera will be prohibited from importing infringing products into the United States and selling or marketing those products.

The ITC's Final Determination also affirmed the Initial Determination previously issued by Administrative Law Judge Mary Joan McNamara, which found Hytera to be an intentional infringer and copyist of Motorola's patented technologies. This decision was supported by evidence showing that certain former Motorola employees took thousands of proprietary documents and source code from Motorola when joining Hytera and later invoked the Fifth Amendment to avoid incriminating themselves.

On November 20, 2018, the Regional Court of Düsseldorf determined that Hytera's two-way Digital Mobile Radio (DMR) subscriber radios are infringing Motorola Solutions' patent EP 2 342 851 B1. As a result, the Regional Court granted two injunctions against Hytera, preventing the company from offering the patented method in Germany, and from offering and delivering products capable of performing the patented method in Germany.

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