Judge Grants Motorola Permission to Amend Trade Secrets Complaint
Friday, August 03, 2018 | Comments

A U.S. district judge granted a Motorola Solutions motion asking for permission to amend its theft of trade secrets complaint against Hytera Communications in the U.S. District Court of Illinois with a claim of copyright infringement.

As a result of Judge Charles Norgle’s order, Hytera’s pending motion for summary judgment was dismissed as well. Hytera can refile that motion.

Hytera’s motion for summary judgment argued that both the state and federal statute of limitations had passed on Motorola’s theft of trade secrets claims. Motions for summary judgment ask a judge to decide a case on one or more factors — in this case, the timeliness of Motorola’s complaint — without a full trial.

In its request to amend the case, Motorola said it found during discovery that Hytera had stolen Motorola source code and then implemented it into its products. The amended complaint reflects that, alleging that in addition to copying and stealing Motorola’s technical trade secrets, Hytera also copied Motorola computer programs including source code and is infringing on Motorola’s Digital Mobile Radio (DMR) program.

A Hytera spokesperson said the company planned to file another motion for summary judgment. “Hytera considers MSI’s (Motorola Solutions Inc.) latest move yet another instance of it using sham litigation to defame Hytera and further interfere with Hytera’s business in the U.S.,” the spokesperson said. “And it’s a blatant attempt to get a second opportunity to conduct discovery — a ‘second bite of the apple’ after its earlier requests were resoundingly rejected by Magistrate Judge Jeffrey Cole in May of this year.”

Norgle also granted a Motorola request to seal and redact certain documents related to amended complaint to protect sensitive information.

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