08 September 2017
The two critical comms specialists have lined-up their forces against one another.
Hytera Communications and Motorola Solutions have become embroiled in a legal battle over alleged patent infringements.
In a complaint filed with the US International Trade Commission (ITC) in late March, Motorola claimed its Chinese rival was “unlawfully” importing and selling two-way radio equipment and systems and related software and components that infringe its patents.
It called for an immediate investigation by the ITC, an exclusion order to halt the importation of what it says are “infringing products”, and a cease-and-desist order to stop the marketing and sale of these in the US.
In a statement issued during the International Wireless Communications Expo (IWCE) held in Las Vegas at the end of March, Hytera said it “embraces competition” and respects the intellectual property rights of others.
“Motorola Solutions’ new action continues its pattern of legal manoeuvring instead of competing with Hytera in the marketplace,” alleged the firm in its statement.
“By waiting to file its ITC complaint on the first day of [IWCE] – the largest US trade show for PMR providers – Motorola Solutions is transparently using its legal filings to generate publicity.”
Hytera added that it will defend itself against the allegations and remained “fully confident” that it will prevail.
But Mark Hacker, general counsel and chief administrative officer of Motorola Solutions, said: “Hytera asserts that it embraces legitimate competition, but there is nothing legitimate about the illegal copying and misappropriation in which it has engaged.
"We are committed to vigorously defending our valuable intellectual property as we continue to drive innovation for our customers across the globe.”
In July, Motorola filed new complaints that targeted Mobilfunk, Hytera’s German operation.
In documents filed with the regional court of Mannheim, Germany, it alleged that Hytera’s two-way wireless communication devices with improved squelch functionality are infringing its European patent number EP1139562 B1.
Motorola sought an injunction preventing the company from offering and delivering products with this squelch feature in Germany, as well as the recall and destruction of what it describes as “infringing” products and various damages.
With these additional actions in Germany, Motorola now has five pending IP litigations against Hytera.
As well as the patent infringement and trade secret misappropriation complaints filed with the US authorities as described above, the company has also filed a separate complaint with the regional court of Düsseldorf in April.
Following month the completion of its acquisition of UK-based global critical comms specialist Sepura in May, Hytera countered by lodging its own complaints against Motorola and accusing it of patent infringement.
On 28 August, the firm announced it had filed a lawsuit in a federal district court in Ohio stating that Motorola was infringing its US patent number 9,183,846.
The complaint asserts that Motorola “unlawfully misappropriates” Hytera’s patented technology for sound adjustment, incorporating it into its MOTOTRBO portable radios.
Hytera is also alleging contributory infringement. In a press statement it said:
“Motorola has been and still is indirectly infringing [the] patent by actively inducing direct infringement by other persons who use products that embody one or more of the claims of the patent while Motorola had knowledge of the patent, knew, or should have known, that its actions would induce direct infringement by others, and intended that its actions would induce such direct infringement.”
Hytera added that it is seeking damages and will pursue further relief “as appropriate”.
The company said it currently holds 480 issued patents, including 269 for DMR, TETRA and PDT digital products.
Andrew Yuan, the company’s president of North and South America, said: “Hytera is an adamant advocate of intellectual property rights. We will look to enforce our patents in court in the US and worldwide.”
