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.