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International Trade Commission takes Motorola's case

The U.S. International Trade Commission in Washington D.C., said Friday it will investigate China-based Hytera, which was accused of stealing patented technology for two-way radios and systems from Motorola Solutions Inc.

The products at issue in the investigation are push-to-talk radios and related equipment. The commission has 45 days to issue a timeline on when each company can present their cases and a hearing is scheduled. It also still has to be assigned to an administrative law judge, said commission spokeswoman Peg O'Laughlin.

"It can be a lengthy process," she said.

The investigation is based on a complaint filed by Motorola Solutions on March 29 against Hytera Communications Corp. Ltd of China, Hytera America Inc. of Miramar, Florida; and Mytera Communications America West Inc. of Irvine, California. The complaint alleges violations involving the importation and sale of certain two-way radio equipment and systems that allegedly infringe on patents of Motorola.

If a decision is found against Hytera, the ITC could stop Hystera's products from being imported, among other actions, O'Laughlin said.

"We are committed to vigorously defending our valuable intellectual property on behalf of our customers, shareholders, employees, partners and other stakeholders," Motorola's general counsel Mark Hacker said in a statement. "We will continue our efforts to stop Hytera's illegal and anticompetitive behavior, and look forward to a prompt decision by the ITC."

At the same time Motorola Solution filed the ITC case, it also filed a patent infringement lawsuit against Hytera in the U.S. District Court for the Northern District of Illinois in Chicago. Motorola Solutions has more than 4,000 U.S. patents, including the patents at issue in these cases. Motorola said that their trade secrets were used after Hytera lured away three Motorola employees.

The lawsuits said the three Motorola senior engineers were hired in 2008 by Hytera and currently hold senior positions at Hytera. They are Gee Siong Kok, who formerly served as senior engineering manager at Motorola, and now serves as senior vice president and terminal chief at Hytera; Samuel Chia, who formerly served as senior engineer and engineering section manager at Motorola, and now serves as the director of software engineering; and Yih Tzye Kok, who formerly served as a senior engineer at Motorola, now serving as sales director, according to court documents.

Motorola Solutions's headquarters was still based in Schaumburg at the time of the alleged theft. The company has since moved its headquarters to Chicago, but still retains offices in Schaumburg. The three employees mentioned in the lawsuits worked in Malaysia but reported to executives in Schaumburg at that time.

Motorola Solutions has not taken any action directly against the three former employees.

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