In 2017, Motorola sued Hytera for theft of trade secrets and copyright infringement and in 2019, an Illinois jury awarded Motorola damages after determining that Hytera used Motorola trade secrets in its Digital Mobile Radio (DMR) products. Related Stories Best Practices for Complying with RAY BAUM’s Act Hytera, Motorola Refile Appeal, Cross-Appeal in Theft of Trade Secrets Case Why the U.S. Needs a Unified Cybersecurity Framework
After that Motorola asked District Judge Charles Norgle to implement a permanent injunction against Hytera preventing it from importing, distributing or selling products determined to include Motorola trade secrets. Norgle denied that motion and instead ruled that Hytera must pay a royalty to Motorola for its continued of Motorola’s trade secrets.
Hytera has appealed the jury’s decision and Motorola has appealed several of Norgle’s decisions such as his denial of its motion for a permanent injunction.
On July 5, Norgle denied a Motorola motion for reconsideration of Norgle’s denial of the permanent injunction. In denying the request, Norgle said that he did not have the jurisdiction to grant the request since the issue had been appealed to a higher court.
Additionally, Motorola filed a motion asking Norgle to require Hytera to turnover assets equivalent to $168 million to begin paying some of the damages awarded by the jury. Norgle denied that motion because of the ongoing appeals in the case.
Additionally, with several issues related to the royalty settled, Norgle ordered that Hytera begin paying the royalty to Motorola on July 31. Hytera must make payments of $80.32 per mobile or portable radio and $379.16 per repeater that is determined to use Motorola’s trade secrets.
Under the order, Hytera must submit a written report to Motorola on January 21, April 20, July 21 and October 21 of each year. That report must include the number of sales of its products around the world or if no products determined to include Motorola trade secrets were sold in the three-month period.
Hytera’s first report is due July 21. That report should include all sales from July 1, 2019 to June 30.
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