Hytera’s '846 patent is its method for adjusting sound volume in response to background or ambient noise, allowing a radio operator to hear and speak over it. The device obtains the current level of ambient noise, receives an instruction, and adjusts sound output. If ambient noise is high, the volume adjustment is greater at higher (treble) frequencies. Hytera's complaint asserts that Motorola Solutions unlawfully misappropriates Hytera’s patented technology for sound adjustment, incorporating it into its MOTOTRBO portable radios. Hytera is represented in this action by Todd Tucker of Cleveland, Ohio-based law firm Calfee, Halter & Griswold LLP.
"Hytera has changed the landscape of the PMR business with its constant innovations, especially after its launch of a digital product line in 2010," said Tom Wineland, director of sales for Hytera Communications America (West), Inc. in Irvine, California. "Our patented sound adjustment functionality is one of the many innovations that Hytera has incorporated into our digital products, and users in markets around the world have embraced this feature."
"Motorola Solutions is infringing Hytera's sound adjustment control patent," said Andrew Yuan, Hytera's President of North and South America. "Hytera is a leader in innovative technologies, and an adamant advocate of intellectual property rights. We will look to enforce our patents in court in the US and worldwide."
Hytera further claims that Motorola has been and still is indirectly infringing Hytera's ‘846 Patent and is also alleging contributory infringement. Hytera is seeking damages and will pursue further relief as appropriate.
Hytera currently holds 480 issued patents, including 269 patents for digital products (DMR, TETRA, and PDT) and invests up to 15 per cent of its annual revenue in research and development. It claims to be the fastest growing PMR provider globally and the second largest provider of professional mobile radio communications solutions.
A Motorola Solutions spokesperson gave Land Mobile a statement in response to Hytera’s lawsuit:
“While Motorola Solutions has not been served with Hytera’s complaint, based on Hytera’s public statements, we believe [its] complaint is entirely without merit.”
The spokesperson also said that the lawsuit “is a transparent attempt to shift attention away from Motorola Solutions’ recent global efforts” to stop what it claims to be “Hytera’s egregious theft of [Motorola Solutions’] intellectual property and trade secrets”.
“Motorola Solutions has a long and distinguished track record of innovation, underscored by an extensive portfolio of more than 4,000 patents, and we are committed to vigorously defending our valuable intellectual property. We stand by our pending actions against Hytera in the US District Court of Northern Illinois, the United States International Trade Commission, the Regional Courts of Düsseldorf and Mannheim in Germany, and the Federal Court of Australia, and we will continue to aggressively pursue legal remedies around the world,” the statement concluded.
