Infringing Hytera Products Banned from Importation to United States

Motorola Solutions, Inc. today announced that the ITC importation ban and cease-and-desist orders for Hytera’s products infringing Motorola Solutions’ patents take effect today following the mandatory 60-day presidential review period. Today marks a clear and final win in Motorola Solutions’ U.S. International Trade Commission (ITC) case against Hytera Communications Corporation Limited (SHE: 002583) (“Hytera”).

All Hytera products infringing Motorola Solutions’ U.S. Patent Nos. 7,369,869, 7,729,701 and 8,279,991 (“Patents”) are excluded from the United States. Hytera products subject to the ban include the following:

• 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.

"The expiration of the mandatory review period marks the final step of the ITC’s investigation against Hytera, and Hytera is now prohibited from importing infringing products into the United States,” said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions. “Motorola Solutions has invested extensively in researching, developing and delivering new and innovative products for our customers around the world, while Hytera has brazenly and repeatedly copied our proprietary intellectual property.

“The commencement of the importation ban and the rejection of Hytera’s request for a repair and service exception are major steps in holding Hytera accountable for its theft and serial infringement of our patents, technology and innovation,” Hacker continued. “Motorola Solutions welcomes legitimate competition, but it is only legitimate when companies compete on the basis of their own original technologies. We will continue to vigorously defend our intellectual property for the benefit of our stakeholders around the world, and we look forward to presenting our trade secret misappropriation and copyright infringement claims to a jury in Chicago, Illinois in November.”

As previously announced, in November 2018 the ITC issued a Notice of Final Determination confirming that certain Hytera products are infringing four Motorola Solutions patents. The ITC issued exclusion and cease-and-desist orders for Motorola Solutions’ ’869, ’701 and ’991 patents, prohibiting Hytera from importing infringing products into the United States and selling or marketing those products. At that time, the ITC also rejected Hytera’s request to allow it to import infringing products or components into the U.S. to repair or service those in the field. The ruling affirmed Administrative Law Judge Mary Joan McNamara’s finding, in her Initial Determination, that Hytera “unquestionably copied certain of Motorola patented technologies.”

Motorola Solutions notes that Hytera’s recent product announcements of its new i-Series continue to be conspicuously silent regarding when those new products will be commercially available. Motorola Solutions’ patents enable important call processing capabilities, so any modified Hytera products with Motorola Solutions’ patented technology removed will lack these key technologies and features. If and when any such newly released products become available, Motorola Solutions will promptly evaluate them to determine if they contain technologies subject to the ITC’s orders or Motorola Solutions’ patent portfolio.

In addition to the ITC victory, Motorola Solutions recently prevailed against Hytera in the Regional Courts of Mannheim and Düsseldorf in Germany in similar patent infringement cases. Motorola Solutions will also continue its patent infringement, copyright infringement and trade secret theft lawsuits against Hytera in the U.S. District Court for the Northern District of Illinois and the Federal Court of Australia.