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Hytera Opposes Motorola Solutions' Ban On DMR Sales

Date:Jun 11, 2020

(Source: urgentcomm.com)

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Hytera’s lawyers opposed the injunction issued by the US federal government to the court in the company’s final briefing. The company believes that Hytera should not be prohibited from selling its DMR products under the Motorola solution’s permanent injunction.


Hytera said in a briefing filed yesterday: “Motorola’s motion for a permanent injunction should be banned.” “If a ban is issued, Hytera would like to suspend the ban’s global scope before resolving the appeal process.


"Until the appeal is resolved, the court should at least allow Hytera and its distributors and resellers to continue to provide services to existing customer equipment and networks, including through the issuance of other radio products."


Hytera did not provide further insights on service issues, but the summary outlined the company’s belief that a permanent ban would harm the public interest.


The Hytera briefing stated: "Such a ban would have a devastating effect on innocent third-party agencies, including many foreign government agencies, public safety entities and public utilities in the world." These agencies not only purchased Hytera's radios, but also the entire foundation Facilities system.


These systems have Hytera's custom features and cannot be operated with Motorola's DMR radio. Motorola's shutdown ban will force existing Hytera DMR users to replace their entire infrastructure system, which is an expensive and lengthy process. "


In response to Motorola’s solution request for a permanent ban, Hytera lawyers submitted a legal summary that would prohibit Hytera and its distributors or dealers from selling the company’s DMR product portfolio anywhere in the world.


Motorola’s solution lawyers plan to respond to Hytera’s objections on June 23, which seems to clear the way for the decision of the US District Court Judge Charles Norgle in the Northern District of Illinois for the permanent injunction.


The Motorola solution chose to seek a permanent injunction. Prior to this, Nogel issued a judgment in March requiring China’s Hytera Communications to pay USD 345.8 million in damages and USD 418.8 million in punitive damages to the Motorola solution. Throughout the summary, Hytera reiterated its opposition to the ruling and the company’s plan to appeal the ruling.


In the briefing, Hytera argued that the Motorola solution did not meet the standards necessary for a permanent injunction, noting that the jury’s unanimous decision did not specify which of the 21 trade secrets and 4 copyright claims the Motorola solution proposed questionable.


Hytera’s briefing said: “Since the permanent injunction can only track the wrongdoing of the ruling, and the jury has not determined which of the alleged secrets or copyright claims form the basis of the ruling, no injunction is appropriate here,”


Hytera's documents show that Motorola's solution ban requirements are too extensive.


Concisely stated: "Motorola's language is an invitation to endless litigation."


The company's lawyers admitted that if Norgle grants Motorola Solutions the permanent ban it seeks, the impact on Hytera Communications will be enormous.


"The regulation will prohibit Hytera from making radios that do not use any Motorola information, as long as they are based on'any', or even'partially' based on'any accused product.'" Introduction to Hytera. "Therefore, this regulation will go far beyond what Motorola can imagine, and thus prevent Hytera from designing products based on the non-infringement and non-theft aspects of the alleged Hytera products.


"Therefore, violations of the legal precedent trade secret ban must respect the'very narrow limits' imposed on the claimed trade secret by'public information' and the defendant's'knowledge and experience', neither of which is claimed to be the plaintiff's business secret."


Hytera also claimed that the Motorola solution made conflicting arguments about Hytera's influence in the market.


"The evidence provided by Motorola does not show the price erosion caused by Hytera's accused products rather than other market forces, because Motorola did not disclose or recognize other relevant factors, namely, who is competing and what the competitive products are, Hytera said:" There is already a relationship with competitor dealers. "


"Motorola hopes to have both of these ways: if Hytera stays in the market, it asserts that prices have fallen, but denies any claims about Hytera products being forced to withdraw from the market due to the ban."