Hytera Responds to Legal Rulings

In a recent press release Hytera said: "With respect to the case at the US ITC, despite the word final, the so-called Final Initial Determination of Judge McNamara was an initial determination only. It is not the final decision in this case. Hytera has petitioned the ITC to review the initial determination. Importantly, while the ITC continues its review, there is no effect on the import into the US or the subsequent sale in the US of any of Hytera's products." 

The company continues: "Whatever the final decision of the ITC in this case, no customers who have purchased DMR products from Hytera need to stop using them or return them. Any ruling this November would not affect Hytera products or systems already sold to customers, including to independent dealers. The ruling would also not affect service for any Hytera products and solutions, including servicing equipment in the field."

"The Judge's full opinion and Hytera's subsequent response remain confidential. Proprietary technologies of both parties at stake in the ITC case. The ITC has agreed to maintain the confidentiality of certain documents and disclosures."

With respect to the case in the Regional Court of Mannheim the company stated that this is the first decision in what will be a longer process: it is a "court-of-first-instance" ruling. Hytera said that it will appeal and that the company will seek to invalidate the asserted patent. Furthermore, the company believes that it's improved noise suppression functionality does not infringe it.

Hytera also said: "Despite certain media reports, the ruling in the Mannheim Court affects only a limited number of Hytera's radios sold by Hytera Mobilfunk GmbH, and has limited impact on Hytera's operation in Germany. The ruling will have no impact in the US. The patent asserted by our competitor in the Mannheim court is not a patent in the US."

"Our competitor has filed no fewer than six separate litigations against Hytera and its subsidiaries since March 2017, with the clear intent to drive up Hytera's costs. Our competitor is defaming Hytera and its products and seeking to interfere with our business prospects in the global market."

The company explicitly stated that in Germany, in the US, and around the world, Hytera is in the market to stay. Hytera said that will continue to innovate and the company will continue to develop and deliver the world's most versatile, high- quality, professional mobile radio products and solutions. Hytera expects to prevail—at the ITC, in the other cases it's competitor has filed, and in it's markets.