Motorola Solutions has filed a claim for copyright infringement against Hytera Communications Australia and China.
This follows the patent infringement proceedings filled by Motorola Solutions in July 2017 in the Federal Court of Australia.
On 13 December, Motorola Solutions filed an application for leave to introduce the copyright infringement claim which was granted on 19 December.
"The new claim asserts that Hytera unlawfully copied Motorola Solutions’ MotoTRBO source code into Hytera’s Digital Mobile Radio (DMR) equipment, thereby infringing and continuing to infringe Motorola Solutions’ copyright in violation of Australian copyright laws," said Motorola Solutions in a statement.
Motorola Solutions is seeking damages and also an injunction preventing Hytera Communications to import or sell in Australia all Hytera products using the code.
The case filed in the Federal Court alleges that some Hytera digital mobile radios sold in locally infringe three Motorola Solutions' patents. The products include Hytera's DMR portables (37 models), mobiles (6 models), and repeaters (4 models).
Motorola Solutions sought a declaration from the Australian Federal Court that Hytera had infringed Motorola Solutions’ patents and an order to permanently restrain Hytera from continued alleged infringement, as well as damages and additional relief if the court deems it appropriate.
Motorola Solutions has previously filed complaints of patent infringement and trade secret misappropriation against Hytera in the US District Court for the Northern District of Illinois on 14 March, a patent infringement complaint filed with the US International Trade Commission on 29 March, patent infringement complaints were also filed with the Regional Court of Düsseldorf in Germany on 18 April and with the Regional Court of Mannheim in Germany on 24 July.
“As evidenced by our recent victories at the US International Trade Commission and in Germany, Hytera is a serial infringer and copier that has cheated its way to the market,” said Mark Hacker, general counsel and chief administrative officer of Motorola Solutions.
“We will not relent in holding Hytera accountable for its egregious and illegal behaviour and protecting our intellectual property for the benefit of our customers, shareholders, employees, partners and other stakeholders.”
In addition to the Federal Court of Australia, Motorola Solutions’ patent infringement, copyright infringement and trade secret theft lawsuits against Hytera are still pending in the US District Court for the Northern District of Illinois.