In a recent development, a U.S. federal district-court judge has upheld the injunction preventing Hytera Communications from globally selling its two-way-radio technology. The judge, Martha Pacold, ruled that the contempt sanctions should remain until a Chinese court provides written assurance regarding a key lawsuit that Hytera withdrew in China.
During a teleconference status hearing, Judge Pacold expressed concerns about potential written orders from the Shenzhen court in China that could challenge her court's jurisdiction over the issue of royalty payments for Hytera's H-Series DMR products to Motorola Solutions.
Despite no clarifying communications from the Chinese court since Monday, when Hytera provided information indicating the legal effectiveness of an oral ruling, Judge Pacold emphasized the need for formal written confirmation from the Shenzhen court.
A status hearing is scheduled for Thursday to review any updates, with daily hearings this week, including Sunday.
Under the sanctions, Hytera is prohibited from selling any two-way radio products globally and must display a notice on its website. The company faces fines of $1 million per day until compliance.
The severity of the sanctions reflects Judge Pacold's insistence on Hytera's compliance with court orders, given the company's history of non-compliance.
Meanwhile, the 7th Circuit Court of Appeals denied Hytera's emergency motion to prevent the implementation of injunction sanctions. The court cited Hytera's past behavior, including theft of trade secrets, as contributing to the current situation.
Attorneys for both Motorola Solutions and Hytera have largely agreed on a legal schedule before Judge Pacold to determine the royalty fees for Hytera's products, aiming to conclude before the criminal case brought by the U.S. Department of Justice begins in October.