There is misleading information in the marketplace about recent developments in the cases at the US International Trade Commission (ITC) and in the Regional Court of Mannheim in Germany.
With respect to the case at the US ITC, despite the word final, the so-called Final Initial Determination of Judge McNamara was an initial determination only. It is not the final decision in this case. Hytera has petitioned the ITC to review the initial determination.
Importantly, while the ITC continues its review, there is no effect on the import into the US or the subsequent sale in the US of any of Hytera's products. Anyone who tells you otherwise is misinformed.
Further, whatever the final decision of the ITC in this case, no customers who have purchased DMR products from Hytera need to stop using them or return them. Any ruling this November would not affect Hytera products or systems already sold to customers, including to independent dealers. The ruling would also not affect service for any Hytera products and solutions, including servicing equipment in the field.
The Judge's full opinion and Hytera's subsequent response remain confidential. Proprietary technologies of both parties at stake in the ITC case. The ITC has agreed to maintain the confidentiality of certain documents and disclosures.
With respect to the case in the Regional Court of Mannheim, please know that this too is the first decision in what will be a longer process: it is a "court-of-first-instance" ruling. Hytera will appeal. Hytera will seek to invalidate the asserted patent, but we continue to believe our improved noise suppression functionality does not infringe it.
Further, despite certain media reports, the ruling in the Mannheim Court affects only a limited number of Hytera's radios sold by Hytera Mobilfunk GmbH, and has limited impact on Hytera's operation in Germany. The ruling will have no impact in Canada. The patent asserted by our competitor in the Mannheim court is not a patent in Canada.
Our competitor has filed no fewer than six separate litigations against Hytera and its subsidiaries since March 2017, with the clear intent to drive up Hytera's costs. Our competitor is defaming Hytera and its products and seeking to interfere with our business prospects in the global market. This scheme will not succeed.
Be assured: In Germany, in the US, and around the world, Hytera is in the market to stay. We will continue to innovate. We will continue to develop and deliver the world's most versatile, high-quality, professional mobile radio products and solutions. And we expect to prevail—at the ITC, in the other cases our competitor has filed, and in our markets.
If you receive other questions or comments from dealers or customers, please send them to us. We will continue to keep you informed about ongoing legal actions. More information is at https://www.hytera.us/news/hytera-litigation-update
19 July 2018