Motorola Solutions Wins Patent Infringement Case Against Hytera

In a significant development in the Motorola Solutions-Hytera Communications patent infringement case, a regional court in Germany found the later to be at fault and held it for damage.

The US based telecom gear maker said it has won the case it had filed in Germany against Hytera’s German subsidiary Hytera GmbH. The Mannheim Court determined in first instance that Hytera GmbH is infringing Motorola Solutions’ patent EP 1 139 562 B1 related to technology that improves the audio performance in two-way handheld radios and car radios. The patented technology provides for an improved listening experience and enhanced audio safety by reducing the radio speaker’s transmission of undesirable noise.

The case was filed in April last year.

As a result of the Mannheim Court’s determination that Hytera GmbH is infringing Motorola Solutions’ patent, it has granted an injunction against Hytera GmbH preventing it from using, selling, importing into or distributing infringing products in Germany.

The Mannheim Court also ordered the recall and destruction of infringing products previously sold by Hytera GmbH in Germany and held Hytera GmbH liable for damages in a declaratory decision.

This judgment is the first ruling against Hytera GmbH related to the EP 1 139 562 B1 patent, which up until this point Motorola Solutions has not asserted against Hytera anywhere else in the world.

While the judgment may be appealed by Hytera GmbH, it is immediately enforceable upon Motorola Solutions’ posting of a required security, which will be completed very shortly.

“Today’s victory marks another milestone in our global efforts to hold Hytera accountable for its infringement of our patents and to preserve the integrity of our intellectual property,” said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions. “Importantly, not only has the Mannheim Court ordered Hytera GmbH to cease the sale of infringing products in Germany, but also to recall and destroy those it has already sold in Germany.”

Mr. Hacker continued, “Motorola Solutions is the world’s leading provider of two-way radio equipment and systems, and innovation has been integral to our long history of success in a continuously evolving industry. We are proud of our growing and industry-leading portfolio of approximately 5,000 patents. The infringement demonstrated by Hytera creates an unfair playing field and threatens the industry’s ability to innovate. We will continue to take all necessary actions to stop Hytera’s illegal conduct and protect our intellectual property.”

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