Motorola Files Appeal of Permanent Injunction Denial in Hytera Case
Friday, September 24, 2021 | Comments

Motorola Solutions filed an appeal of several decisions, including a denial of its request for a permanent injunction, in its theft of trade secrets lawsuit against Hytera Communications.

The filing is a cross-appeal of Hytera’s appeal of a jury’s decision in the U.S. District Court for the Northern District of Illinois to award Motorola $764.6 million after it determined that Hytera had taken Motorola trade secrets and used them in its Digital Mobile Radio (DMR) products. Hytera also appealed a variety of other decisions from the court regarding post-trial actions.

Motorola’s cross-appeal focuses on several decisions District Court Judge Charles Norgle made following the jury’s decision. Chief among these was Norgle’s denial of a Motorola request for a permanent injunction that would have prevented Hytera from importing, distributing and selling products found to include Motorola’s trade secret.

At that time, Norgle denied the request and instead awarded Motorola a “reasonable royalty” to Motorola for Hytera’s use of Motorola’s trade secrets. In his decision, Norgle noted that a permanent injunction is generally a last resort that courts take when the harm caused by a party in a case can’t be addressed by other means. He said that a reasonable royalty would be a better way to address the harm caused to Motorola.

Motorola also is appealing another decision in which Norgle reduced the amount of damages awarded to Motorola from $764.6 million to $543.7 million. Norgle reduced the damages after determining that some of them would constitute double recovery.

Motorola said it also plans to appeal a decision from Norgle rejecting its request for prejudgment interest, as well as all “other orders resolving post-trial motions in a manner in any way adverse to Motorola.”

Both Motorola and Hytera filed their appeals in the U.S. Court of Appeals for the Seventh Circuit.

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