Regional Court of Mannheim Grants Motorola Solutions’ in First Instance Injunction Request, Which Is Preliminarily Enforceable, Preventing Hytera GmbH from Offering and Delivering Infringing Products
Orders Recall and Destruction of Infringing Products; Hytera GmbH Held Liable for Damages
CHICAGO – July 17, 2018 – Motorola Solutions, Inc. (NYSE: MSI) today announced that it has won its patent infringement lawsuit filed against Hytera Mobilfunk GmbH of Bad Münder, Germany (“Hytera GmbH”), the German subsidiary of Hytera Communications Corporation Limited (SHE: 002583) of Shenzhen, China, in the Regional Court of Mannheim in Germany (the “Mannheim Court”) on July 24, 2017. 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.
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.”
For additional information regarding Motorola Solutions’ legal actions against Hytera, please visit https://newsroom.motorolasolutions.com/presskits/motorola-solutions-intellectual-property.htm.
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.
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Andrew Siegel / Aura Reinhard
Joele Frank, Wilkinson Brimmer Katcher