Illinois Jury Awards Motorola $764.6M in Theft of Trade Secrets Case Against Hytera
Friday, February 14, 2020 | Comments
A jury for the U.S. District Court of the Northern District of Illinois found in favor of Motorola Solutions in its theft of trade secrets and copyright infringement lawsuit against Hytera Communications, awarding Motorola $764.6 million in damages.

Of those damages, $418.8 million is punitive damages and $345.8 million is compensatory damages. $764.6 million was the maximum amount that Motorola Solutions had asked for in damages.

Following the verdict, the company is seeking a global injunction that would prevent Hytera from trade secret misappropriation and copyright infringement, a Motorola spokesperson said. “Today’s verdicts are a tremendous victory for Motorola Solutions and a clear repudiation of the illegal and anticompetitive tactics employed by Hytera over the last decade.”

The company is seeking an initial temporary injunction, as well as a long-term permanent injunction. A hearing to discuss injunctions is scheduled for Friday, Feb. 21.

“Hytera is disappointed by the jury verdict in this case," a Hytera spokesperson said. "Hytera respectfully disagrees with the jury and is currently considering pursuit of all appeal options.”

Motorola sued Hytera in the Illinois district court in 2017 for theft of trade secrets, alleging that several former Motorola employees had illegally downloaded proprietary Motorola documents and brought the documents with them when they went to work for Hytera, which then included Motorola trade secrets in its Digital Mobile Radio (DMR) products. Motorola also later added a claim of copyright infringement into the case.

The lawsuit win is the fourth legal win Motorola has scored against Hytera. In 2018, the U.S International Trade Commission (ITC) ruled that Hytera had infringed several Motorola patents and issued an exclusion order preventing the importation, distribution or sale of Hytera products found infringing the Motorola patents.

Two German courts have also ruled that Hytera infringed Motorola patents and implemented injunctions against those infringing products.

“We presented clear facts and evidence of Hytera’s theft and infringement and are pleased the jury found in favor of our client, Motorola Solutions,” said Mike De Vries, partner at Kirkland & Ellis, which represented Motorola in the case. “This positive outcome, in combination with the findings of other courts in jurisdictions around the world, further validates Motorola Solutions’ global litigation against Hytera. Kirkland is committed to defending our clients’ valuable intellectual property.”

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Comments
On 2/27/20, Bq said:
This is a protocol supposed to be available to build upon these specifications. See details here: https://www.dmrassociation.org/dmr-standards.html. The objective is to have inexpensive mass-produced radios from multiple manufacturers at reasonable pricing.

On 2/20/20, Leon van der Linde said:
Technically speaking Motorola can now sue every manufacturer of Digital Mobile Radio (DMR) equipment worldwide whenever they want. This has opened the can of worms. Since Motorola was the original designer of DMR, this is dangerous territory. They can now sue for every technical innovation they designed into the DMR radio. It is sad it resulted in this.

On 2/20/20, Ziad said:
Nice


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