The U.S. Department of Justice pursuit of Hytera for its alleged stealing of Motorola trade secrets results in admission from the Chinese telecommunications company.
According to a 14 January announcement from Motorola Solutions, Hytera Communications Corporation Limited has entered a felony guilty plea and executed a Plea Agreement to address the U.S. Department of Justice’s criminal prosecution of Hytera for misappropriation and theft of confidential trade secrets and proprietary information belonging to Motorola.
According to the plea agreement, Hytera, through the acts of individuals acting to benefit the company, knowingly conspired to steal at least one trade secret from Motorola.
In 2008, the individuals agreed to take documents and source code related to Motorola’s digital mobile radio (DMR) technology, and then used some of that information to develop Hytera products, some of which were later sold in Illinois, the plea agreement states.
Hytera stated in the plea agreement that the individuals knew and/or reasonably believed that some of the information they agreed to steal was reasonably protected and kept secret by Motorola, and that taking at least one trade secret would potentially injure Motorola.
“Hytera‘s admission of guilt in federal court validates the extensive evidence that it is a bad actor and felon, and we remain firmly resolute to holding Hytera accountable for its egregious illegal conduct,” said Greg Brown, chairman and CEO, Motorola Solutions.
“I appreciate the Department of Justice for its diligence in pursuing this matter,” he said. “This case is critical validation that our government is fully committed to prosecuting criminals who steal from American companies.
“We will continue to vigorously defend our valuable intellectual property and trade secrets for the benefit of our company, our customers and our shareholders.”
In 2021, the U.S. Department of Justice filed felony charges against Hytera and seven of its employees, including former executive Gee Siong (G.S.) Kok. The federal grand jury indictment included 21 counts of federal criminal trade secret violations, including engaging in a decade-long criminal conspiracy to steal and use Motorola Solutions’ trade secrets and proprietary information.
Mr. Kok pled guilty in 2023 and is awaiting sentencing; the other six Hytera employees are currently at large.
Under the terms of the Plea Agreement, Hytera is expected to be sentenced in November 2025, at which time the U.S. District Court is expected to order Hytera to pay restitution to Motorola Solutions and a criminal fine to the U.S. Government. Hytera’s guilty plea does not resolve Motorola Solutions’ ongoing civil litigation against Hytera.
Motorola Solutions is continuing to pursue collection of the more than $471 million judgment already awarded to it in its trade secret and copyright infringement litigation against Hytera in the United States, as well as injunctive and other relief to address Hytera’s misconduct.
