November 29 news China official account of WeChat public, Beijing intellectual property court, recently, the Beijing intellectual property court did not hear the plaintiff's Limited by Share Ltd, the defendant Motorola system (China) Investment Co., Ltd., Motorola system (China) Limited, Motorola system (China) Limited Beijing branch ( Hereinafter referred to as Motorola) monopoly dispute.
Hainengda, the plaintiff, sued that: Motorola has a dominant market position in the special metro network communication market in specific cities (in this case, it is clearly defined as the special metro network communication market in Chengdu). Motorola refuses to open the interconnection interface to hytera and realize the system level interconnection without any justifiable reason, which excludes and restricts the competition in the subway private network communication market. It belongs to the monopoly behavior of abusing the dominant position of the market as stipulated in Article 17 of the anti monopoly law, which causes substantial damage to hytera and shall bear corresponding legal liabilities.
According to this, hytera communications requested the court to order Motorola to stop the above monopolistic behavior of abusing its dominant market position and compensate for the loss of 49.266 million yuan and the reasonable expenses of 10561.84 million yuan.
The defendant Motorola argued that: the relevant market of this case should be the national market of special wireless communication equipment for urban rail transit, and even in the "Chengdu market" advocated by hytera, Motorola should not be deemed to have a dominant market position. Hytera claims that the open interface is not a necessary facility for interconnection, and Motorola's refusal to open the interface is due to the legitimate exercise of intellectual property rights, with reasonable reasons. Motorola itself does not have the ability to limit transactions, and objectively there is no fact that transactions are limited. Hytera has not suffered any loss due to any action of Motorola. Hainengda's claims and claims have neither factual basis nor legal basis, so it is requested to reject all the claims of hainengda.
The trial lasted for a day and a half, and the Beijing Intellectual Property Court will make a judgment at a later date.