MOTOROLA SOLUTIONS, INC. AND MOTOROLA SOLUTIONS MALAYSIA SDN. BHD V. HYTERA COMMUNICATIONS CORPORATION LTD., HYTERA AMERICA, INC. AND HYTERA COMMUNICATIONS AMERICA (WEST), INC.
United States District Court, Northern District of Illinois, Case No. 1:17-cv-01973
Deposition & Trial Testimony | Technology: Two-way radio devices & system components
Trade secret misappropriation and copyright infringement related to two-way radio devices & system components.
Ocean Tomo was retained in March 2018 by counsel for plaintiffs, Motorola Solutions, Inc. (“Motorola”) to determine the measures and amounts of monetary recovery due Motorola in the event Motorola trade secrets and/or Motorola copyrights are found to have been misappropriated/infringed by Hytera Communications Corporation Ltd., Hytera America, Inc., and Hytera Communications America (West), Inc.’s (collectively, “Hytera”) development and commercialization of digital mobile radios and network components, both within the United States and outside of the U.S.
In what may have been the first application of extraterritoriality under the Defend Trade Secrets Act, on March 5, 2020, the Court entered an award following a jury verdict of $764.6 million, which included Hytera’s profits from accused radios and components sold both within and outside of the U.S.
The $764 million damages award for the plaintiff Motorola Solutions included compensatory damages of $345.76 million and punitive damages of $418.8 million related to trade secret misappropriation and copyright infringement. This was the full amount sought by Motorola. The Ocean Tomo trial team for Motorola Solutions included Robert McSorley, Richard Lettiere, and James E. Malackowski.