ARLA/CLUSTER: Motorola ganha batalha, os produtos Hytera estão proibidos de serem importados para os Estados Unidos

[João Costa > CT1FBF]

Infringing Hytera products banned from importation to United States

(Motorola press release)

*Orders prohibiting importation, sale or marketing of Hytera products in
the United States take effect today *

CHICAGO – Jan. 16, 2019 – Motorola Solutions, Inc. (NYSE: MSI) announced
that the International Trade Commission’s (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.

For additional information regarding Motorola Solutions' legal actions
against Hytera, please visit
https://newsroom.motorolasolutions.com/presskits/motorola-solutions-intellectual-property.htm
.
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