ITC initial determination text released for Motorola Solutions vs Hytera complaint (updated)

The public version of the text of Administrative law judge Mary Joan McNamara of the US International Trade Commission (ITC)’s notice of initial determination for the investigation of the patent infringement complaint filed by Motorola Solutions against Hytera has become available. It states that Hytera employees' access of more than 7,000 confidential Motorola documents “could not have been coincidental”.

While the initial determination’s broad findings were released in July (see this link for more details), the release of the public version of the full text (with multiple redactions due to commercial sensitivities) has added more details. These include the fact that during the proceedings, Mr Shepard, a Motorola Solutions employee responsible for the company’s information technology infrastructure and information security “testified that in combination Mr YT Kok, Mr GS Kok and Mr Chia had accessed a combination of more than 7,000 confidential Motorola [Solutions] documents before the last of the three men left Motorola [Solutions].”

The text goes onto say that “this could not have been coincidental.” Hytera did not contest the veracity of Motorola Solutions’ document access logs or that its employees accessed the documents listed in them on the specific date and times. Instead it argued that Motorola Solutions had no proof that “the employees copied or printed the documents or gave them to Hytera” and that Motorola Solutions was “relying on innuendo rather than facts”.