With decisions of April 20, 2023 (court ref: I-2 U 78/18 and I-2 U 79/18) the Court of Appeals Duesseldorf modified the first instance verdicts of November 20, 2018 (court ref: 4b O 43/17 and 4b O 70/18) by the Regional Court Duesseldorf and it fully dismissed MSI’s patent infringement complaint. The Court of Appeals also ordered MSI to pay the costs of the court proceedings in the first and second instances and the decision is preliminarily enforceable for Hytera and HMF.

In 2017, MSI filed a complaint alleging infringement of its European patent EP 2 342 851 B1 by Hytera’s Pseudo-Trunking/TDMA direct mode/TX-none radio functionality. The complaint was initially filed against HMF (“Hytera Mobilfunk GmbH” back then). After Hytera joined as an intervener in these proceedings on the side of HMF, MSI extended its complaint against Hytera, resulting in two parallel proceedings. The Regional Court Duesseldorf found infringement of MSI’s patent in the first instance decisions. Hytera and HMF appealed the decisions. The Court of Appeals Duesseldorf found the patent-in-suit not infringed and dismissed MSI’s complaints.