Motorola Solutions Wins ITC Case; Final Determination Confirms Hytera Infringes Motorola Solutions’ Patents
November 16 2018 - 6:41PM
Business Wire
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
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.
About Motorola Solutions
Motorola Solutions (NYSE: MSI) is a technology company that
provides mission-critical communications, software and video
solutions that help build safer cities and thriving communities.
Public safety and commercial customers globally depend on the
company’s two-way radios, broadband technology, video surveillance
and analytics solutions, services and software to keep them
connected, from extreme to everyday moments. Learn more at
www.motorolasolutions.com.
MOTOROLA, MOTOROLA SOLUTIONS and the Stylized M Logo are
trademarks or registered trademarks of Motorola Trademark Holdings,
LLC and are used under license. All other trademarks are the
property of their respective owners. ©2018 Motorola Solutions, Inc.
All rights reserved.
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Media ContactAndrew Siegel / Aura ReinhardJoele Frank,
Wilkinson Brimmer Katcher+1-212-355-4449Investor
ContactChris KutsorMotorola Solutions+1
847-576-4995chris.kutsor@motorolasolutions.com
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