Hytera, Motorola Refile Appeal, Cross-Appeal in Theft of Trade Secrets Case
Tuesday, May 31, 2022 | Comments
Hytera Communications refiled an appeal, and Motorola Solutions refiled a cross-appeal in the ongoing the theft of trade secrets litigation between the two companies.

In March 2017, Motorola sued Hytera in the U.S. District Court for the Northern District of Illinois alleging theft of trade secrets and copyright infringement. In 2020, a jury found in favor of Motorola and awarded the company $764.6 million in damages, which was reduced to $543.7 million by District Judge Charles Norgle in 2021.

In 2021, Hytera appealed the jury’s decision with the U.S. Court of Appeals for the Seventh Circuit. Meanwhile, Motorola filed a cross appeal seeking review of several decisions Norgle made following the case. These included an order denying Motorola’s motion for a permanent injunction and his decision to reduce the amount of damages awarded to Motorola, among others. Instead of implementing a permanent injunction that would have prevented Hytera from selling, distributing or importing product found to include Motorola trade secrets, Norgle ruled that Hytera should pay a reasonable royalty for continued use of the trade secrets.

In February 2022, the appeals court dismissed both of those cross appeals. Those appeals were dismissed because the court noted that an appeal cannot be made in a civil case until a final judgement “disposing of all claims” is entered by the district court. The appeals court noted that documents submitted by the party mentioned ongoing litigation, specifically over issues related to the reasonable royalty.

In April, Norgle denied a Hytera motion for reconsideration on issues related to the royalty and ordered the two parties to submit a joint proposed order on the final conditions of the royalty. The parties submitted that order to the court on April 19. According to court records, the judge has yet to enter that order officially on the record.

Hytera’s appeal of the jury’s decision as well as decisions made by the court after the judgement was filed May 12. Motorola’s cross-appeal of court decisions including the denial of the permanent injunction and the reduction of the damages was filed May 20.

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On 6/14/22, Manuel A Alvarez said:
The only ones who are going to make any money out of it are THE LAWYERS.


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