The Court Denies Motorola Solutions’ Permanent Injunction Motion against Hytera

Litigation Updates

Irvine, CA, December 20, 2020 – Hytera, a leading global provider of innovative Professional Mobile Radio (PMR) communications solutions, has received the final order made by the U.S. District Court for the Northern District of Illinois, denying Motorola Solutions, Inc’s requests to block Hytera from selling the DMR radios at issue in the case. Over the last ten (10) months, Motorola has made numerous motions – including motions for a temporary restraining order, and a motion to permanently enjoin Hytera from selling the DMR products at issue in the case. On December 18, 2020, the court denied all of Motorola’s motions for such relief. Thus, there will be no court imposed ban on the sale of any Hytera products.

While denying Motorola’s motion, the Court granted Motorola’s alternative request of a reasonable royalty in an amount to be determined. The court further granted in part Hytera’s motion for findings on certain equitable issues.

On February 14th, 2020, a jury in the Northern District of Illinois found that Hytera misappropriated one or more of Motorola Solutions’ DMR-related trade secrets and infringed one or more of Motorola Solutions’ DMR-related copyrights. On March 5th, the court formally affirmed the jury verdict as the judgement. Respectfully disagreeing with the jury, Hytera has been prepared to appeal the verdict at the appeal court. Hytera has faith that the American justice system will provide a fair outcome for this trade secret and copyright dispute.

In a separate case, on December 17, 2020 in the local time, the U.S. Bankruptcy Court for the Central District of California (Santa Ana Division) had made a ruling and approved the Asset Purchase Agreement (“APA”) signed between Hytera East and Wes (the “Debtors”)t, the former U.S. distributors of Hytera products and Hytera US, Inc. (“the Buyer”), an affiliate of Hytera Communications Corporation (HCC). With the APA approved, the Buyer will move forward, following legal procedures, to continue business with and offer support to the Debtors’ dealers and customers. These voluntary petitions for relief under chapter 11 of the U.S. Bankruptcy Code were filed by the Debtors on May 26, 2020 to protect the distribution business from enforcement of the Northern District of Illinois’ jury verdict.

A case filed by Hytera against Motorola for antitrust violations remains pending.

20 December 2020