2021-01-18

Illinois US District Court sides with Hytera to significantly lower damage award

Source: Hytera US
Curated by: Gert Jan Wolf - Editor-in Chief for The Critical Communications Review

Hytera, has received the January 8 order cutting down the total award to Motorola Solutions by $221 million in the U.S. District Court for the Northern District of Illinois. The jury verdict, including the original damage award, was made on February 14th, 2020; and the Court entered judgment on March 5th, 2020.

The Court also denied Motorola Solutions’ request for supplemental damages, while granted the request for interest on the monetary award. Earlier in December 2020, the Court denied Motorola’s request to block Hytera from selling the DMR radios at issue in the case and granted Motorola’s alternative request of a reasonable royalty in an amount to be determined.

Meanwhile, on January 11, Hytera won the appeal against Motorola over the freezing order at the UK court proceedings. The England and Wales Court of Appeal (Civil Division) set aside orders made at the High Court of Justice of England and Wales (Commercial Court) in April 2020 and completely dismissed the freezing order applied by Motorola against Hytera and its subsidiary in the UK. The appellate court refused Motorola’s application for permission to appeal to the Supreme Court. Motorola also has been ordered to pay Hytera’s costs of the appeal and the remainder of the proceedings, as well as other costs specified by the appellate court order. English law also allows Hytera to pursue compensation from Motorola for the damages caused by the now set-aside freezing order.

Since March 2020, Hytera has presented substantive post-trial motions to the U.S. District Court for the Northern District of Illinois over the merits of Motorola’s claims and evidentiary and legal errors at the trial. Hytera has faith that the American justice system will provide a fair outcome for this trade secret and copyright dispute; and Hytera has been prepared to appeal the February 2020 verdict at the appeal court.