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

[Jorge Santos]

E a resposta:

«...
Presidential Review Affirms ITC Ruling
Hytera i-Series Products Do Not Infringe

i-Series products are already available in the market
Legacy products can be upgraded to non-infringing i-Series firmware
ITC rulings do not impact Hytera's ability to continue to repair and/or
replace the non-infringing i-Series products

Dear Valued Customer,

Once again, we have learned that Motorola Solutions (MSI) is adding to its
ill-advised misinformation campaign regarding the effect of recent
litigation with Hytera and that you may have been purposefully misled.
Hytera is reaching out to you today to clarify MSI’s incorrect statements
about the results of our patent litigation and about the conclusion of the
ITC’s presidential review period. Foremost, we want to remind unequivocally
that the ITC found that Hytera’s new generation i-Series DMR radios do not
infringe any patents and that we can and will continue to offer our entire
current product line in the United States.

Despite being well-aware of these facts, MSI, through emails and press
statements, has again made multiple false or misleading statements that
require correction, including claiming that our i-Series products have not
been made commercially available in the U.S. As you well know, the recently
announced i-Series products are already available in the market and any
remaining Hytera customers using legacy products prior can immediately
upgrade for free to the non-infringing i-Series firmware. Likewise, MSI
also mentioned the court’s rejection of a repair and service exemption, but
notably omitted that the ITC’s rulings do not impact Hytera’s ability to
continue to repair and/or replace the non-infringing i-Series products.

This extended brazen misinformation campaign by Motorola Solutions is
another desperate attempt to keep competitors like Hytera out of the market
and is one of the reasons why we expect success in our suit against
Motorola Solutions under the Sherman Antitrust Act.

While Motorola Solutions has chosen to continue its anticompetitive
behavior by emailing our customers with pure misinformation and
deliberately misrepresenting our product availability after the ITC
rulings, Hytera will continue to deliver more value to dealers and
customers and to put forward affordable land mobile radio innovations that
ensure a safer world.

Hytera looks forward to continuing to serve you and your customers.

Sincerely,

Steve Cragg, VP Sales
Hytera America, Inc.

Tom Wineland, VP Sales
Hytera Communications America (West), Inc.

...»



On Fri, 18 Jan 2019 at 13:14, João Costa > CT1FBF <ct1fbf  gmail.com> wrote:

> 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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-- 

73's
***********************************
CT1JIB / *Jorge Santos*
***********************************
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