Trade Secret and Copyright Case at Federal District Court in Illinois
On February 14th, 2020, a jury in the Northern District of Illinois found that Hytera misappropriated one or more of Motorola Solutions’ DMR-related trade secrets and infringed one or more of Motorola Solutions’ DMR-related copyrights. On March 5th, the court formally affirmed the jury verdict as the judgement.
Hytera is disappointed by this court’s verdict, and respectfully disagrees with the jury. Hytera believes the verdict is unsupported by the evidence presented at trial. Hytera is actively defending its rights in ongoing post-trial motions and presented substantive arguments about the merits of Motorola Solutions’ claims and evidentiary and legal errors at the trial. As a result, it has requested judgment as a matter of law and a new trial. Hytera is further prepared to appeal any adverse rulings in a process that may take two or more years. Hytera has faith that the American justice system will provide a fair outcome for this trade secret and copyright dispute.
Hytera has enhanced its corporate governance and added new policies and procedures related to intellectual property and the onboarding of new employees. In addition, Hytera is engaged in an ongoing process of removing the affected source code from the products at issue and has been rolling out updated software to the marketplace.
For almost thirty years, Hytera has brought the most innovative and valuable LMR solutions to our dealers, customers and to the market, and Hytera remains strongly committed to our tradition of excellence now and in the future.
March 22, 2017: Hytera Statement on Motorola Solutions’ Litigation
Hytera Sues Motorola Solutions Under Sherman Antitrust Act
Motorola Solutions is a defendant in an anti-trust case alleging a range of anticompetitive behaviors within the land mobile radio market, including exclusive dealing, sham petitioning of government agencies, and wide-ranging misrepresentations about Hytera. As ever, Motorola Solutions is trying to drive out competition, while Hytera continues its focus on progressing land mobile radio technology in the U.S. market.
December 4, 2017: Hytera Sues Motorola Solutions Under Sherman Antitrust Act Alleging Anti-competitive Practices That Force US Customers to Pay a Surcharge for Safety; Hytera Statement - Antitrust Litigation Against Motorola Solutions; Download the Complaint File
December 12, 2017: Following Hytera's suit filed on December 4, a class action was filed against MSI on Dec. 12, 2017, alleging MSI's illegal monopolization of the domestic market for “LMR Solutions.” Download the Complaint File
Hytera Sues Motorola Solutions for Patent Infringement
Motorola Solutions is a defendant of a patent infringement case in federal district court in Cleveland, Ohio, filed by Hytera. Hytera believes that Motorola Solutions is infringing Hytera's U.S. Patent No. 9,183,846, which covers Hytera's industry-leading sound adjustment control technology. In January 2019, the United States Patent and Trademark Office denied Motorola Solutions’ request of inter partes review of claims of this patent, which means Motorola Solutions failed in trying to invalidate Hytera's patent.
August 28, 2017: Global Two-Way Radio Communications Provider Hytera Sues Motorola Solutions for Patent Infringement; Download the Complaint File
U.S. International Trade Commission (ITC) Rules in Favor of Hytera
On November 16, 2018, ITC ruled in Hytera’s favor in its final decision, which makes clear that Hytera’s new-generation i-Series products do not infringe Motorola Solutions’ patents and can continue to be imported and sold in the United States. However, it is unfortunate that Motorola Solutions, unable to meet its anti-competitive goal of excluding Hytera from the marketplace in the courtroom, is continuing to attempt to disrupt Hytera and confuse its customers, even in Canada, where the U.S. ITC has no jurisdiction. This practice is not acceptable and MSI will be compelled to answer regulatory questions about its misinformation campaign when defending itself from Hytera’s U.S. lawsuit under the Sherman Antitrust and Lanham Acts, and state law. MSI will also answer to U.S. courts regarding its approach to properly licensing other companies’ intellectual property, as part of Hytera’s lawsuit against Motorola Solutions for patent infringement.
August 22, 2019: Letter to Hytera Dealers
January 17, 2019: Presidential Review Affirms ITC Ruling Hytera i-Series Do Not Infringe
December 7, 2018: Letter to Hytera Customers
November 16, 2018: ITC Commission Rules in Favor of Hytera in its Final Determination
March 29, 2017: Hytera Statement on Motorola Solutions’ ITC Action
Cases at U.S. Patent and Trademark Office
Thank you for your attention, any inquiry or input regarding to the litigation, please contact Tom.Wineland@hytera.us.
16 April 2020