• To anyone looking to acquire commercial radio programming software:

    Please do not make requests for copies of radio programming software which is sold (or was sold) by the manufacturer for any monetary value. All requests will be deleted and a forum infraction issued. Making a request such as this is attempting to engage in software piracy and this forum cannot be involved or associated with this activity. The same goes for any private transaction via Private Message. Even if you attempt to engage in this activity in PM's we will still enforce the forum rules. Your PM's are not private and the administration has the right to read them if there's a hint to criminal activity.

    If you are having trouble legally obtaining software please state so. We do not want any hurt feelings when your vague post is mistaken for a free request. It is YOUR responsibility to properly word your request.

    To obtain Motorola software see the Sticky in the Motorola forum.

    The various other vendors often permit their dealers to sell the software online (i.e., Kenwood). Please use Google or some other search engine to find a dealer that sells the software. Typically each series or individual radio requires its own software package. Often the Kenwood software is less than $100 so don't be a cheapskate; just purchase it.

    For M/A Com/Harris/GE, etc: there are two software packages that program all current and past radios. One package is for conventional programming and the other for trunked programming. The trunked package is in upwards of $2,500. The conventional package is more reasonable though is still several hundred dollars. The benefit is you do not need multiple versions for each radio (unlike Motorola).

    This is a large and very visible forum. We cannot jeopardize the ability to provide the RadioReference services by allowing this activity to occur. Please respect this.

Hytera Wins Against Motorola in Court

Status
Not open for further replies.

Project25_MASTR

Millennial Graying OBT Guy
Joined
Jun 16, 2013
Messages
4,163
Location
Texas
Was in my inbox this morning from Motorola.

January 17, 2019
Dear P25M:
Yesterday we announced that the U.S. ITC’s importation ban and cease-and-desist orders related to certain Hytera products are now in effect. The expiration of the mandatory 60-day presidential review period, which enabled the product ban to take effect, was the final step of the ITC’s investigation against Hytera and marks a significant victory for Motorola Solutions.
The ban means that all Hytera products infringing Motorola Solutions’ U.S. Patent Nos. 7,369,869, 7,729,701 and 8,279,991 are excluded from the U.S. market, including 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 ITC also rejected Hytera’s request for a repair and service exception, meaning that neither Hytera nor any third-party repair provider will be able to import replacement parts or perform any sort of service for infringing products imported or sold before Jan. 16, 2019.
This news marks a clear and final win in Motorola Solutions’ U.S. International Trade Commission (ITC) case against Hytera. Over the last several years, Motorola Solutions has invested significant resources to become a leading provider of two-way radio equipment and systems. As a company, we pride ourselves on innovation, and on behalf of our customers, shareholders, employees and other stakeholders, we will continue to defend our proprietary technology and investments in innovation.
I want to assure you that Motorola Solutions embraces legitimate competition. In fact, we believe that robust, fair competition drives innovation and benefits our customers and our industry as a whole. However, the infringement demonstrated by Hytera creates an uneven playing field and threatens the industry's ability to innovate, which ultimately hurts customers. Importantly, there are numerous alternative products on the market, as several other companies supply similar products in the U.S. and around the world.
We have created a webpage that outlines the ITC's ruling, lists the impacted Hytera products and provides answers to frequently asked questions. We encourage you to use this as a resource. Additionally, we developed a fact sheet, which you are welcome to use.
Meanwhile, it remains business as usual at Motorola Solutions. We continue to offer our full suite of best-in-class products, services and solutions and remain committed to developing unique, innovative products for our customers around the world.
Thank you for your support as a valued Motorola Solutions partner.

Thought it would be good to post.
 

MSS-Dave

Member
Joined
Jan 20, 2010
Messages
428
Location
Generally Central Florida
And I'll leave this here as well. Apparently still an issue even though ITC ruling allows Hytera firmware change to disable or remove the infringing options. Been out almost a month. I'll post this here but this thread should be merged with the existing one. This is a cut and paste from the email received at the dealership, I've had to redact some things just to keep personal information out.




From: Hytera America
Sent: Thursday, January 17, 2019 3:13 PM
To: ***REDACTED***
Subject: Presidential Review Affirms ITC Ruling Hytera i-Series Do Not Infringe



Litigation Update




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.





Hytera America, Inc. | 3315 Commerce Pkwy | Miramar, FL 33025

Hytera Communications America (West), Inc. | 8 Whatney, Ste. 200 | Irvine, CA
 

phadobas

Member
Joined
Nov 25, 2018
Messages
31
I think they are both true.
1) The infringing products are banned
2) The new i-Series products are not infringing.

So I guess, technically all Hytera radios that are not i-Series, are infringing, can't be sold or serviced or imported, however, all those can simply get a firmware upgrade, they suddenly become i-series, and now they can be serviced, imported and sold.
 
Joined
Apr 30, 2008
Messages
1,270
Which leads to an interesting legal situation, is the act of upgrading firmware to v9 considering servicing and therefore in violation?
 

fwradio

Texas DB Admin
Database Admin
Joined
Dec 19, 2002
Messages
376
Location
Fort Worth, Texas
Which leads to an interesting legal situation, is the act of upgrading firmware to v9 considering servicing and therefore in violation?

I wouldn't think so. If a radio comes into Hytera for service the first thing they check is to see what version of firmware is on the radio. No radio will go to a repair bench if it does not have i-Series firmware in it. Any non radio with non i-Series software is upgraded first. Since that is their procedure at Hytera, my opinion is that upgrading the firmware would not be considered servicing, especially since you are actually removing software that is considered infringing.
 
Joined
Apr 30, 2008
Messages
1,270
Judge Denies Motorola Motion to See Hytera’s TETRA Source Code

An Illinois judge denied a Motorola Solutions motion to compel Hytera Communications to provide a copy of Hytera’s source code for its TETRA products.

then further down
Magistrate Judge Jeffrey Cole disagreed with Motorola, ruling that TETRA was outside the scope of the case and Motorola’s motion was untimely. Cole handles procedural matters in the case on behalf of U.S. District Judge Charles Norgle, who is the presiding judge.

“Although Motorola has had TETRA-related information for some time, TETRA was never in the case, and indeed, Motorola has opposed any attempt by Hytera to even explore the subject on the ground that TETRA was not in the case,” Cole wrote in the conclusion to his order.

Cole pointed specifically to a January deposition when Motorola’s attorneys objected to Hytera’s attorneys attempting to ask a witness about TETRA products. At that time, Motorola’s attorneys argued that TETRA was outside the scope of the lawsuit, Cole wrote.
 

frenchfry

Member
Joined
Jul 23, 2013
Messages
26
So am I reading the article below correct that you will be able to get parts again for the legacy Hyteria repeaters, as long as you do the firmware update.

"Sources representing both Motorola Solutions and Hytera Communications have acknowledged that existing Hytera customers could continue to use their DMR equipment in the field that includes the infringing Motorola Solutions patents. However, any service work on such gear would have to begin with an update to the “i-Series” software to comply with the ITC ruling—a standard procedure for Hytera dealers, according to Cragg. "

From:
ITC ruling against Hytera for infringing on Motorola Solutions patents effective today – Urgent Comms
 

fwradio

Texas DB Admin
Database Admin
Joined
Dec 19, 2002
Messages
376
Location
Fort Worth, Texas
That is correct. Any older Hytera equipment must be upgraded to the i-Series software to be serviced by Hytera. The upgrade is free.
 

KK6ZTE

Member
Premium Subscriber
Joined
Mar 27, 2016
Messages
895
Location
California
Not just by Hytera, but the dealers as well. If you make programming changes that would qualify as "service work" and it would need an update.
 
Status
Not open for further replies.
Top