Hytera Files Sealed Motion for Summary Judgment in Theft of Trade Secrets Case
Wednesday, November 29, 2017 | Comments

Hytera Communications filed a motion for summary judgment in the theft of trade secrets case brought against it by Motorola Solutions.

Motorola first filed its complaint in the U.S. District Court for the Northern District of Illinois in March, alleging that Hytera had stolen its trade secrets with the help of several former Motorola employees who went to work for Hytera.

Full details of the arguments made in Hytera’s request for summary judgment are not publicly available as Hytera filed the motion under seal. Hytera requested that it be allowed to provisionally file the documents under seal until Nov. 30, when Judge Samuel Der-Yeghiayan can rule on a request to seal certain exhibits related to the motion.

“Specifically, these documents reference highly sensitive and strategic business information, the disclosure of which is likely to harm Hytera’s competitive position,” the motion to seal said.

Hytera’s motion to seal also noted that Motorola designated several included exhibits as subject to a protection order and said that Motorola should be given an opportunity to file any motion to seal the protected information if it chooses to.

The portion of Hytera’s filing in support of summary judgment that is not under seal centers around similar arguments that an earlier Hytera motion to dismiss the case focused on. Earlier this year, Der-Yeghiayan converted that motion into a motion for summary judgment and ordered a period of discovery focused solely on the timeliness of Motorola’s complaint. Following that discovery, Hytera could file support for a motion for summary judgment, the judge’s order said.

In a summary judgment, a court decides the case based on all or some merits of the case without a full trial process.

In support of summary judgment on the issue of timeliness, Hytera argued that the two counts of theft of trade secrets under state and federal laws date back a decade, and that the statute of limitations for state and federal trade secret claims are five and three years, respectively.

“… So if Motorola knew, or with reasonable diligence should have known, of the events in the complaint before March 14, 2012, the complaint is untimely for both trade secret counts,” Hytera’s motion said.

Hytera further argued that Motorola knew of its former employees working for Hytera and other facts in the case prior to August 2011 and should have therefore filed its lawsuit much sooner than it did.

“Motorola should have filed a lawsuit long before March 14, 2012, and its failure to do so bars Motorola’s state and federal trade secret actions,” Hytera’s motion said.

The rest of Hytera’s arguments and supporting documents are currently under seal while Der-Yeghiayan considers the motion to seal.

The theft of trade secrets case is just one of several cases Motorola filed against Hytera this year. Motorola has also filed patent infringement complaints with the same Illinois district court, the U.S. International Trade Commission (ITC), the Mannheim and Dusseldorf regional courts in Germany and the Federal Court of Australia. Hytera has also filed its own patent infringement case against Motorola in the U.S. District Court for the Northern District of Ohio.

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