Judge Recommends Exclusion Order Preventing Hytera from Importing Certain Infringing Products into the United States and Cease-and-Desist Order Preventing Further Sale and Marketing of Infringing Products Imported into the United States
CHICAGO – July 3, 2018 – Motorola Solutions, Inc. (NYSE: MSI) today announced that Administrative Law Judge Mary Joan McNamara of the U.S. International Trade Commission (ITC) has issued a favorable Notice of Initial Determination in its investigation of the patent infringement complaint filed by Motorola Solutions on March 29, 2017 against Hytera Communications Corporation Limited (SHE: 002583). In the complaint, Motorola Solutions alleged that Hytera is unlawfully importing and selling two-way radio equipment and systems and related software and components that infringe four of Motorola Solutions’ patents. These patents pertain to technologies central to the operation of Hytera’s professional and commercial radio products available today.
The Judge’s ruling follows a lengthy investigation that culminated in a week-long hearing with testimony from both Motorola Solutions and Hytera witnesses, hundreds of pages of briefing materials and thousands of exhibits. As part of the Initial Determination, Judge McNamara found that all four of Motorola Solutions’ patents are valid, Hytera has infringed them, and Motorola Solutions met the legal requirement of showing a “technical domestic industry” on three of the four patents. Judge McNamara also recommended an exclusion order preventing the importation of infringing products into the United States for Motorola Solutions’ U.S. Patents No. 7,369,869, 7,729,701 and 8,279,991, as well as a cease-and-desist order preventing the further sale and marketing of certain infringing products imported into the United States. A Final Determination by the ITC is scheduled to be issued by Nov. 6, 2018.
“Judge McNamara’s ruling validates our allegations, upholds the integrity of our intellectual property and rebukes Hytera for its unscrupulous and unlawful behavior in willfully infringing Motorola Solutions’ patents,” said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions. “While we consider the Initial Determination an important step, it is only one component of our global efforts to address Hytera’s systematic, brazen and egregious theft and infringement of our intellectual property.”
Mr. Hacker continued, “Motorola Solutions has a long and distinguished track record of innovation with an extensive portfolio of approximately 5,000 patents. We are committed to vigorously defending our valuable intellectual property as we continue to drive innovation for our customers. We greatly appreciate the diligent work undertaken by Judge McNamara and the ITC staff during this investigation, and we are confident that the full ITC will uphold this decision and enter a Final Determination consistent with today’s findings.”
Motorola Solutions’ complaint filed with the ITC, as well as information on Motorola Solutions’ other actions against Hytera, can be accessed at https://newsroom.motorolasolutions.com/presskits/hyteralitigation.htm.
Forward-Looking Statements
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.
About Motorola Solutions
Motorola Solutions (NYSE: MSI) creates innovative, mission-critical communication solutions and services that help public safety and commercial customers build safer cities and thriving communities. For ongoing news, visit www.motorolasolutions.com/newsroom or subscribe to a news feed.
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