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Motorola vs Hytera patent infringement

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RadioGuy7268

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Looks like it's a German court action that only affects units marketed and sold in Germany

As a result of the Mannheim Court’s determination that Hytera GmbH is infringing Motorola Solutions’ patent, it has granted an injunction against Hytera GmbH preventing it from using, selling, importing into or distributing infringing products in Germany. The Mannheim Court also ordered the recall and destruction of infringing products previously sold by Hytera GmbH in Germany and held Hytera GmbH liable for damages in a declaratory decision. This judgment is the first ruling against Hytera GmbH related to the EP 1 139 562 B1 patent, which up until this point Motorola Solutions has not asserted against Hytera anywhere else in the world. While the judgment may be appealed by Hytera GmbH, it is immediately enforceable upon Motorola Solutions’ posting of a required security, which will be completed very shortly.

“Today’s victory marks another milestone in our global efforts to hold Hytera accountable for its infringement of our patents and to preserve the integrity of our intellectual property,” said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions. “Importantly, not only has the Mannheim Court ordered Hytera GmbH to cease the sale of infringing products in Germany, but also to recall and destroy those it has already sold in Germany.

I wonder how much the "required security" amount is - and why Motorola didn't mention a dollar figure?

Got to wonder why Motorola has not asserted that particular patent anywhere else in the world? Seems there's more to the story.
 

domes

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Hard to take someone named "Hacker" serious when he claims someone is stealing his technology.
 

RadioGuy7268

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Got to wonder why Motorola has not asserted that particular patent anywhere else in the world? Seems there's more to the story.

The particular patent claim was in the Press release quoted above:
This judgment is the first ruling against Hytera GmbH related to the EP 1 139 562 B1 patent, which up until this point Motorola Solutions has not asserted against Hytera anywhere else in the world.

I'm aware that Motorola has been suing Hytera in many different jurisdictions regarding patent infringment of all sorts on their DMR products. I just thought it was strange that in Germany, it was the first time they had asserted that particular patent claim.
 

romanr

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Recall and destroy....

Quote:
“Today’s victory marks another milestone in our global efforts to hold Hytera accountable for its infringement of our patents and to preserve the integrity of our intellectual property,” said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions. “Importantly, not only has the Mannheim Court ordered Hytera GmbH to cease the sale of infringing products in Germany, but also to recall and destroy those it has already sold in Germany. "

As an American, I'll ask for forgiveness of my ignorance of Germany law...

How does this "recall and destroy..." work in Germany? Do the customers that purchased the affected Hytera equipment get any form of reimbursement from Hytera, or do they simply lose their investment?
 
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