Trade Secret Remedies After Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd.

Motorola v. Hytera arose after Hytera had poached three Motorola engineers, “offering them high-paying jobs in exchange for Motorola’s proprietary information.” (Opinion at 2.) Hytera then used the stolen materials to develop a competing line of products indistinguishable from Motorola’s product. Much of the theft occurred from 2010 to 2014, but the sales of infringing products went on for years. In 2017, after the passage of the DTSA, Motorola filed suit. A jury found Hytera had violated the DTSA and, as relevant here, the district court awarded Motorola the profits from Hytera’s worldwide sales, and exemplary damages in the amount of two times the compensatory damages.