The Düsseldorf Court of Appeals found the patent-in-suit not infringed by Hytera and HMF and fully dismissed Motorola Solutions’ complaint.
SHENZHEN, China - Hytera Communications (SZSE: 002583), a leading global provider of professional communication technologies and solutions, today announced that the Court of Ap-peals Düsseldorf has ruled in favor of Hytera Communications Corporation Limited (Hytera) and its subsidiary HMF Smart Solutions GmbH (HMF) in patent infringement proceedings initiated by Motorola Solutions Inc. (MSI) at the Regional Court Düsseldorf back in 2017 and 2018. The Court of Appeals found the patent-in-suit not infringed by Hytera and HMF.
With decisions of April 20, 2023 (court ref: I-2 U 78/18 and I-2 U 79/18) the Court of Appeals Düs-seldorf modified the first instance verdicts of November 20, 2018 (court ref: 4b O 43/17 and 4b O 70/18) by the Regional Court Düsseldorf and it fully dismissed MSI’s patent infringement complaint. The Court of Appeals also ordered MSI to pay the costs of the court proceedings in the first and second instances and the decision is preliminarily enforceable for Hytera and HMF.
In 2017 MSI filed a complaint alleging infringement of its European patent EP 2 342 851 B1 by Hytera’s Pseudo-Trunking/TDMA direct mode/TX-none radio functionality. The complaint was ini-tially filed against HMF (“Hytera Mobilfunk GmbH” back then). After Hytera joined as an intervener in these proceedings on the side of HMF, MSI extended its complaint against Hytera, resulting in two parallel proceedings. The Regional Court Düsseldorf found infringement of MSI’s patent in the first instance decisions. Hytera and HMF appealed the decisions. The Court of Appeals Düsseldorf found the patent-in-suit not infringed and dismissed MSI’s complaints.