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Hytera, Motorola Solutions propose finishing injunction briefs next month

Hytera, Motorola Solutions propose finishing injunction briefs next month

  • Written by Donny Jackson
  • 19th May 2020

Final written arguments from Motorola Solutions in support of a permanent injunction against Hytera Communications selling certain DMR products would be due on June 23, according to briefing schedule proposed by both parties in the companies’ lengthy federal-court case.

Initiated in November 2019, the trade-secrets and software-copyright suit resulted in a unanimous jury verdict in February that called for Hytera to pay Motorola Solutions $345.8 million in compensatory damages and $418.8 million in punitive damages. U.S. District Court Judge Charles Norgle of the Northern District of Illinois affirmed the ruling in March.

China-based Hytera has indicated its intention to appeal the case, if the current remains in place.

In a joint status report filed yesterday, attorneys for Hytera Communications and Motorola Solutions outlined agreement outlined the pending post-trial motions in the case—most notably, Motorola Solutions’ permanent-injunction request and Hytera Communications request for a new trial—and proposed a briefing schedule.

Before any new filings must be made to the court, attorneys for the two LMR companies will meet in a mediation session scheduled for May 28, according to a section in the status report labeled “Settlement Efforts.” Sources familiar with the case have noted that the sides have participated in mediation sessions previously during the litigation without resulting in any broad settlements on the most important disputes in the case.

If there is no settlement agreement, Hytera would be required to file briefs opposing the permanent-injunction request by Motorola Solutions. Motorola Solutions’ deadline for filing a reply on the matter would be June 23.

Motorola Solutions is seeking a permanent injunction that would prohibit Hytera, its distributor and dealers from selling, marketing or distributing the DMR portable and mobile radios that utilize Motorola Solutions’ trade secrets and copyrighted software worldwide. Issuing a worldwide injunction—as opposed to one that only applies to the U.S.—is an appropriate finding under the Defend Trade Secrets Act (DTSA) of 2016.

Hytera opposes the injunction request, noting that such sanctions are not necessary when such a large financial award already has been entered into judgment. In addition, Hytera attorneys have expressed the belief that a U.S ruling should only be effective within the United States, not in other countries throughout the world.

During the trial, Hytera attorneys acknowledged that three former Motorola [the company had not yet changed its name to Motorola Solutions at the time] employees—Samuel Chia, Y.T. Kok and G.S. Kok—accessed more than 7,000 Motorola documents prior to each of them leaving and joining Hytera shortly in 2008. However, Hytera attorneys described the three engineers as “bad apples” who did not share with anyone else at Hytera that the DMR trade secrets and software were taken from Motorola.

If a new trial is not permitted, Hytera attorneys argue that the award to Motorola—reportedly described by a Hytera attorney as a “bankrupting amount”—should be reduced significantly.

In contrast, Motorola Solutions asks that the financial award that China-based Hytera should pay should be increased by including the profits that Hytera has realized during the time since the trial started, interest and attorney fees.

 

Tags: homepage-featured-4 Companies Critical Infrastructure DMR Association Enterprise Funding Land Mobile Radio News Policy Software Standards State & Local Government Subscriber Devices System Design System Operation News

Related


  • Hytera requests new trial, Motorola Solutions seeks permanent injunction in federal-court case
    Hytera Communications is asking for a new trial and a drastic reduction in a $764.6 million judgment against it, while Motorola Solutions seeks a permanent injunction prohibiting Hytera from selling much of its portfolio of DMR portable radios, according to filings in the lengthy trial between the companies. Attorneys for both LMR companies are scheduled […]
  • $764.6 million judgment against Hytera made official, but Motorola Solutions injunction request still pending
    A federal judge on Friday entered a final judgment that Hytera Communications must pay Motorola Solutions $764.6 million without altering the jury’s verdict in the case, but all parties are awaiting the judge’s decision on injunctive efforts that would prevent Hytera from selling most of its DMR products. In his final judgment, Judge Charles Norgle […]
  • Hytera opposes injunctive request, says Motorola Solutions ‘seeks to monopolize the market’
    Hytera Communications asked a federal judge to deny the Motorola Solutions request to block Hytera from selling the bulk of its DMR product portfolio, noting that a potential injunction would amount to “double recovery” on top of a $764.6 million jury verdict and would hand Motorola Solutions monopoly power that would harm consumers. “Motorola’s motivation […]
  • ITC opinion says Hytera can continue selling DMR in U.S., but only with software changes that removes Motorola Solutions patented features
    Hytera Communications can continue to sell and maintain DMR equipment in the United States that includes the company’s “i-Series” software upgrade, which does not include functionality included in three Motorola Solutions patents that Hytera “intentionally copied,” according to the U.S. International Trade Commission (ITC). In a 47-page opinion that provides detail explanation of the summarized […]

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