(Miramar, Fla. and Irvine, Calif. – Sept. 14, 2018) Global digital mobile radio (DMR) communications solutions provider Hytera Communications Corp., Ltd. and its US subsidiaries Miramar, Fla.-based Hytera America, Inc. and Irvine, Calif.-based Hytera Communications America (West), Inc. have filed a motion to dismiss an amended complaint filed by Chicago, Ill.-based Motorola Solutions, Inc. (MSI) in July 2018 that seeks to add allegations of copyright infringement to MSI's trade secrets complaint in the US District Court for the Northern District of Illinois, an effort Hytera describes as vague and thus deficient.
Hytera points out in its Memorandum to the Court in support of its motion to dismiss that Motorola Solutions has had access to Hytera's documents, products, source code, and communications for over a year, but that "Motorola's newly filed copyright infringement allegations … are just a vague recitation of the elements of a copyright claim, offering no description or detail on any portion of its software that it believes was copied." Hytera's Memorandum adds that "A well-pled claim for copyright infringement demands more than conclusory allegations that something may be protectable or might have been copied."
"Motorola Solutions waited a full year to file its request to amend its complaint, only doing so after having suffered a significant reversal in its request for extensive and burdensome discovery this past May," said Tom Wineland, Vice President of Hytera Communications America (West), Inc. "MSI could have filed this same amended pleading a year ago."
Hytera's Memorandum notes, "MSI could have spared the Illinois Court from wasting resources and having to restart this litigation while a fully briefed summary judgment motion was pending. At best, Motorola's timing is suspect; at worst, it was a well-coordinated effort to delay summary judgment and prolong litigation." Hytera states in its Memorandum that Motorola Solutions in pleading its claim "not only fails to identify any specific examples of copying or any specific facts supporting copying, but fails even to define its code." The Memorandum concludes with Hytera's request of the Court to dismiss Motorola's copyright claim with prejudice or order Motorola to provide a more definite statement of its allegations so Hytera can respond.
Hytera's DMR products are used by commercial industries, such as energy companies and utilities, public transportation authorities, municipal public safety organizations and emergency management response teams, and by event organizers, public schools and other educational institutions. Hytera's DMR radio communications equipment includes handsets and mobile terminals, base stations and repeaters, and dispatching and management software.
"Motorola Solutions' newly added claim is an attempt to restart this case and get a second bite of the apple with respect to discovery, adds Wineland. "Motorola Solutions continues to use serial legal maneuvers to interfere with Hytera's relationships with dealers and customers. Nonetheless, Hytera continues to compete in the US marketplace with our industry-leading products and solutions, and our dealers and customers continue to benefit from Hytera's focus on innovation."
14 September 2018