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Customer letter on the case Motorola vs. Hytera

Bad MünderPrint article

In this blog post you will read a customer letter that we recently sent to our partners. So that you, as a reader of our blog, also know about the current situation, we have decided to publish this customer letter here as well.

Dear customer,

We are aware that the lawsuit of Motorola Solutions Inc. (MSI) against us remains a topic of conversation in the market. Of course, these matters raise many questions – especially if the information available is limited.

Although we prefer to concentrate on the competition for innovation and the advantages of our products, we therefore consider it necessary to share with you information on the recent developments at Hytera Mobilfunk GmbH (HMF) in connection with the patent infringement proceedings brought by MSI against us in Germany:

Mannheim Regional Court

On 17 July 2018, the Mannheim Regional Court ruled in first instance that a certain squelch and noise suppression function of some Hytera radios sold in Germany by HMF infringes a patent of MSI. The PDC760, PD985 and MD785(duplex) have been identified as devices potentially affected by the patent. 

HMF has appealed this judgment, which will now be reviewed by the Higher Regional Court of Karlsruhe. Despite the appeal, however, we must no longer sell the three above products in the version that was available at the time of the ruling (July 2018) in Germany until a final decision has been reached. 

HMF remains convinced that the Hytera products do not infringe the MSI patent. Furthermore, we are of the opinion that the patent should not have been granted to MSI in the first place as we believe the patent in dispute is invalid. Our parent company, Hytera Communications Corp., has brought and invalidity action against MSI aimed at having this patent declared null and void.

Düsseldorf Regional Court

On November 20, 2018, the Düsseldorf Regional Court ruled in the first instance that a certain transmit-functionality used by some of the Hytera DMR products infringes the German part of a European patent of MSI.

The decision of the Düsseldorf Regional Court is not yet final. HMF will, as in the proceedings at the Mannheim District Court, appeal the judgment. HMF is convinced that the Hytera products do not infringe our competitor's patent. We continue to believe that the patent asserted by MSI in this litigation should not have been granted. We have therefore initiated invalidation proceedings at the German Federal Patent Court to have this patent declared null and void. A decision is still pending.

New software releases remove functions in dispute

As early as September 2018, Hytera had already removed the functions objected to by MSI. With its latest software release 9.0 for the entire DMR product portfolio, Hytera further equipped radios, repeaters and DMR system technology with more than 20 new attractive and innovative functions. Customers and end users will therefore remain completely unaffected by the current decision of the Düsseldorf Regional Court and will also benefit from the new features and even better performance! 

The PDC760, PD985 and MD785(duplex) devices affected by the ruling of the Mannheim court have also been equipped with the new software, which has also replaced the function at issue in that case. Devices with the names PDC760, PD985 and MD785(duplex), which are now available on the market are all equipped with software according to the new release 9.0 or 2.0 (for the PDC760). 

We have not changed the look and feel of the devices and thereby combine the proven design with the latest software technology to further enhance your user experience! 

Hytera’s products with the new software release 9.0 offer you many important new functions such as optimized PTT (Push-To-Talk), duplex speech, over-the-air programming, improved GPS and many more innovations. Most radios of our competitors do not provide these features.

Do you want to know more?

All information about the new software update and the new functions can be found on the following linked page.

More about new DMR software

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