Case Studies

Motorola Solutions vs. Hytera Communications

J.S. Held Strengthens Forensic Accounting and Financial Investigations Expertise and Expands Suite of Services in Canada with Acquisition of ADS Forensics

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Background

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

Engagement

Deposition & Trial Testimony 
Technology:  Two-way radio devices & system components

Trade secret misappropriation and copyright infringement related to two-way radio devices & system components.

Results

Ocean Tomo, a part of J.S. Held, 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 and James E. Malackowski.

Key Contacts

Todd Schoettelkotte, CPA, CVA
Senior Managing Director
Intellectual Property Practice Lead
+1 713 335 5455
[email protected]


Molly Keelan
Senior Director, Strategic Accounts
Intellectual Property
+1 312 622 3471
[email protected]

Related Practice Areas

> Intellectual Property Expert Opinion
We provide expert opinion and testimony relating to economic, valuation, and licensing issues in intellectual property (IP) disputes, and other types of complex commercial litigation. Our experts with Ocean Tomo, a part of J.S. Held, have industry-leading experience across all types of disputes and are particularly skilled in the determination of damages in matters involving intellectual property (IP). Our testifying experts have decades of litigation analysis experience, benefiting clients when they evaluate complex financial data, qualitative facts, supporting testimony, and damages-related case law. 

> Intellectual Property
Ocean Tomo, a part of J.S. Held, provides expert opinion, management consulting, advisory, and specialty services focused on matters involving intellectual property (IP) and other intangible assets. Our intellectual property services address economic damage calculations and testimony; business licensing strategy and contract interpretation; patent-focused business intelligence; portfolio development strategy; litigation support; trade secret reasonable measures; asset and business valuation; strategy and risk management consulting; merger and acquisition advisory; debt and equity private placement; and IP brokerage.

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