Case: 1:17-cv-01973 Document #: 1 Filed: 03/14/17 Page 1 of 34 PageID #:1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`MOTOROLA SOLUTIONS, INC., and
`MOTOROLA SOLUTIONS MALAYSIA
`SDN. BHD.
`
`
`Plaintiffs
`
`
`v.
`
`HYTERA COMMUNICATIONS
`CORPORATION LTD.,
`HYTERA AMERICA, INC., and
`HYTERA COMMUNICATIONS
`AMERICA (WEST), INC.
`
`Defendants
`
`CASE NO. 1:17-cv-1973
`
`
`
`
`COMPLAINT
`
`
`
`
`DEMAND FOR A JURY TRIAL
`
`
`))))))))))))))))
`
`
`COMPLAINT
`
`Plaintiffs Motorola Solutions, Inc. (“Motorola US”) and Motorola Solutions Malaysia
`Sdn. Bhd. (“Motorola Malaysia”) (collectively “Motorola,” or “Plaintiffs”) allege as follows
`against Defendant Hytera America, Inc., Hytera Communications Corporation Ltd., and Hytera
`Communications America (West), Inc. (collectively “Hytera” or “Defendants”). The
`allegations herein are made based on personal knowledge as to Motorola with respect to its
`own actions, and upon information and belief as to all other matters.
`INTRODUCTION
`
`1.
`
`Motorola has been building its radios and its reputation for almost a century,
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`and Hytera tried to hijack both in just a few months—and continues to do so to this day.
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`Founded in 1928 in Chicago, Motorola has built and maintained its position as the innovation
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`leader, at home and abroad, in radio equipment and infrastructure technologies. In particular,
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`Motorola has invested its considerable expertise and creativity in developing cutting-edge
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`digital two-way radio communication systems, which it supplies to thousands of public safety
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`organizations, emergency response teams, transportation and logistics organizations, and
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`numerous other customers involved in hospitality, manufacturing, education, utilities, oil and
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`gas, and retail throughout the United States and around the world.
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`2.
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`Motorola’s global leadership in this sophisticated technical field does not come
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`cheap. For many years, Motorola has employed thousands of engineers in Illinois, other parts
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`of the United States, and various countries throughout the world, and spends hundreds of
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`millions of dollars annually to research new technologies and to develop a wide range of digital
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`radio products and solutions for feature-rich, seamless communication in rapid response
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`networks across many industries and mission-critical applications. Motorola’s substantial
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`investments in research and other forms of innovation require protection, and Motorola relies
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`on its trade secrets, in addition to its copyrights, patents, and trademarks, to guard the
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`intellectual property created by the ingenuity and industry of its employees.
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`3.
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`Hytera’s story is the opposite. Hytera’s story is not one of innovation, but
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`rather about misappropriation, misuse, copying, and intentional efforts to hide its misconduct
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`from detection. Unlike Motorola, Hytera has not invested the human effort and financial
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`capital in the substantial time-consuming research required to produce truly innovative
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`technologies and products. Founded in 1993 in Shenzhen, China, Hytera served as a
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`distributor for Motorola products until 2001, and since then has operated as a supplier of
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`mostly analog radio products, although many customers require the sophisticated digital
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`products of the kind that Motorola designs and produces. Significantly, by the time Hytera
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`began developing its digital two-way radio technologies, Motorola had already pioneered the
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`field, and had established its digital two-way radio technologies as the leading communications
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`solution for public works, industry, government, non-profit, and commercial applications. In
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`fact, Motorola’s success in the digital two-way radio field had rendered Hytera’s outdated
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`analog systems obsolete, providing Hytera a motive to take steps to compete through any
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`2
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`means available. Complicating matters further for Hytera during this same time period, the
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`United States Federal Communications Commission set a deadline that effectively required
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`suppliers of radio products to use digital technology.
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`4.
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`Knowing that its analog radio products faced extinction, and that it could not
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`hope to develop its own digital two-way radios in time to save its ailing business, Hytera
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`embarked on an unlawful plot to surreptitiously take Motorola’s confidential and proprietary
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`trade secrets, and use those trade secrets to build a competing product. Indeed, as its executive
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`team acknowledged, Hytera’s main product line—analog radios—was quickly becoming
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`“obsolete,” and its digital radios had to be developed at a “very quick pace.”1 Thus, Hytera
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`was faced with a choice: engage in time-consuming and resource-intensive development of its
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`own digital product line, or simply take Motorola’s technology, without permission, in order to
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`get a product out to market (in Hytera’s words) “at a very quick pace.” Hytera chose the latter:
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`rather than design its own digital two-way radio products to compete fairly in the marketplace,
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`Hytera instead built its current digital two-way radio business by misappropriating Motorola’s
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`proprietary technologies and critical business strategies. This included copying Motorola’s
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`innovations—from replicating key technologies in Motorola’s products, right down to copying
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`the Motorola technical documentation describing them.
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`5.
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`Hytera’s plan to steal Motorola’s technologies was a multi-faceted one, but
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`included as a central pillar a plot to target Motorola from the inside, through its personnel—
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`namely, by recruiting Motorola personnel who had substantial access to Motorola’s proprietary
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`technologies, and who downloaded thousands of confidential technical documents in the weeks
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`prior to their departures. Specifically, in order to break into the digital two-way radio market,
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`beginning as early as 2008, Hytera lured away several Motorola senior radio engineers who
`
`
`1 See https://www.youtube.com/watch?v=twxZXiWeNZQ.
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`3
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`were extensively familiar with Motorola’s technologies and intellectual property. Three
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`Motorola senior engineers were hired by Hytera and currently hold senior positions at Hytera:
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`Gee Siong Kok (“G.S. Kok”), who formerly served as Senior Engineering Manager at
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`Motorola, and now serves as Senior Vice President and Terminal Chief at Hytera; Samuel Chia
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`(“Chia”), who formerly served as Senior Engineer and Engineering Section Manager at
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`Motorola, and now serves as the Director of Software Engineering at Hytera; and Yih Tzye
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`Kok (“Y.T. Kok”), who formerly served as a Senior Engineer at Motorola, now serving as
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`Sales Director at Hytera (collectively the “Hytera Employees”).
`
`6.
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`During their years of employment at Motorola, Motorola trusted these Hytera
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`Employees to work extensively with Motorola’s confidential information on highly sensitive
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`and proprietary products and technology. While at Motorola, they were privy to proprietary
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`technical documents and design ideas; they were aware of Motorola’s product planning,
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`research and development efforts; and they were intimately familiar with Motorola’s digital
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`radio development efforts, including those related to the technologies at issue in this case. And
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`while that knowledge alone presented incalculable value to Hytera, in the weeks prior to their
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`resignations from Motorola (and unbeknownst to Motorola), the Hytera Employees
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`surreptitiously downloaded and misappropriated more than 7,000 technical, marketing, sales,
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`and legal documents related to Motorola’s digital radio and infrastructure products. Critically,
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`many of these unlawfully-downloaded documents provided Motorola’s specific technology
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`implementations, and other highly detailed
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`technical information relating to critical
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`technologies at issue in this case, providing an unlawfully obtained roadmap to Hytera about
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`how to implement key features developed by Motorola over the course of many years. Hytera
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`relied on, and continues to rely on, Motorola’s trade secret information collected from sources
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`including the Hytera Employees, to develop and supply its digital two-way radio products, and
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`4
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`the ongoing sales of those products in the United States continue to perpetrate the
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`misappropriation of Motorola’s trade secrets. Egregiously, and notwithstanding its unlawful
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`conduct, Hytera publicly touts the very innovations it took from Motorola as its own
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`“innovation[s],”2 evidencing a degree of wanton misappropriation rarely seen even in cases
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`like these.
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`7.
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`Hytera and the newly employed Hytera Employees knew that the information
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`they downloaded without permission was confidential, and knew that those documents were
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`replete with Motorola’s trade secrets. Despite this knowledge, Hytera simply copied and used
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`these critical trade secrets in its own competing products—products that bear the hallmarks of
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`Motorola’s innovation, product development, and technical and business strategies. Hytera’s
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`misappropriation was deliberate, wholesale, and systematic—not only did Hytera take and then
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`copy Motorola’s technical trade secrets, it even copied the marketing, configurations, and
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`product manuals related to the misappropriated features as well, leaving no doubt about its
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`unlawful scheme.
`
`8.
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`The Hytera Employees—and by extension, Hytera itself—intentionally hid their
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`wrongful conduct from Motorola, to ensure it would not be discovered until years later.
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`Motorola undertakes substantial precautions to ensure that its highly confidential information is
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`not misused, including by restricting access to only its trusted employees that have a need for
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`such access. Motorola also requires those employees not only to execute confidentiality
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`agreements upon commencement of their employment, but also to confirm their understanding
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`of their obligations at the time of their departure, and affirmatively represent to Motorola upon
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`their termination that they had not retained any Motorola confidential information.
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`
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`2 See, e.g., Hytera DMR Introduction presentation, at 40 (available at:
`http://www.w4cll.com/Digital/TDMA/HyteraIntro.pdf).
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`5
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`9.
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`Motorola also employs robust technical protections in its systems to detect and
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`thwart unauthorized downloads and access to its confidential and sensitive information, and
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`that technology has improved substantially in recent years over what was available in 2008.
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`Due at least in part to their elevated positions with Motorola, the Hytera Employees were able
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`to evade Motorola’s then-existing measures through a series of serious misrepresentations and
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`carefully planned illegal acts, all of which took advantage of Motorola’s trust in its senior
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`product staff and the Hytera Employees’ intimate knowledge of Motorola’s systems. As a
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`result of their illegal conduct and misrepresentations, the Hytera Employees ensured Motorola
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`would not become aware of the Hytera Employees’ conduct, and by extension, Hytera’s
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`misappropriation, until years after the Hytera Employees left their employment at Motorola to
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`go to work (unbeknownst to Motorola) at Hytera.
`
`10.
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`Hytera’s brazen misappropriation and theft of trade secrets leave Motorola no
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`choice but to file this lawsuit seeking injunctive relief and recovery of damages for the harm
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`that has been caused by Hytera’s illegal conduct. Hytera did not even attempt to compete
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`fairly with Motorola; rather than develop its own digital two-way radio products, it instead
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`took a short-cut to the marketplace by stealing Motorola’s trade secrets and copying
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`Motorola’s proprietary innovations. Such conduct makes investments in technology pointless
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`and costly, and harms American companies and the economy in critical ways. Unless halted,
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`Hytera’s illegal actions will serve as a roadmap for other companies who have not invested in
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`research and development themselves to steal the trade secrets of their competitors, and violate
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`the intellectual property rights of true innovators. Simply put, Hytera’s conduct must be
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`stopped.
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`6
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`THE PARTIES
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`11.
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` Motorola Solutions, Inc. is a company organized and existing under the laws of
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`Delaware having a principal place of business at 500 W Monroe St, Chicago, IL 60661.
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`12. Motorola Solutions Malaysia Sdn. Bhd. is a Malaysian corporation having its
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`principal place of business at Level 18, The Gardens North Tower, Mid Valley City, Linkaran
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`Syed Putra, Kuala Lumpur, Labuan 59200, Malaysia.
`
`13.
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`Defendant Hytera Communications Corporation Ltd. is a company organized
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`and existing under the laws of the People’s Republic of China, with its principal place of
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`business at Hytera Tower, Hi-Tech Industrial Park North, #9108 Beihuan Road, Nanshan
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`District, Shenzhen, People’s Republic of China.
`
`14.
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`Defendant Hytera America, Inc. is a company organized and existing under the
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`laws of Florida with its principal place of business at 3315 Commerce Pkwy, Miramar, FL
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`33025.
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`15.
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`Defendant Hytera Communications America (West), Inc. is a company
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`organized and existing under the laws of California with its principal place of business at 300
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`Spectrum Center Dr., Suite 1120, Irvine, California 92618.
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`JURISDICTION AND VENUE
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`16.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 2201,
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`2202, and the trade secret laws of the United States, 18 U.S.C. §§ 1836 and 1839. This Court
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`also has supplemental jurisdiction over the asserted state law claims pursuant to 28 U.S.C. §
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`1367(a) because the federal and state law claims derive from a common nucleus of operative
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`facts. This Court further has jurisdiction over the asserted state law claims pursuant to 28
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`U.S.C. § 1332 because there is complete diversity of citizenship among the parties and an
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`amount in controversy in excess of $75,000.
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`
`7
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`17.
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`This Court has personal jurisdiction over all of the Defendants. Personal
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`jurisdiction exists generally and specifically over all of the Defendants because they (directly
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`and/or through their subsidiaries, divisions, groups or distributors) have sufficient minimum
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`contacts with the Northern District of Illinois as a result of substantial business conducted
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`within the State of Illinois. For example, Defendants distribute their products that contain the
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`misappropriated technology through a number of District- and Illinois-based distributors,
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`including Lakeland Communication Service, Ragan Communications, A Beep, and Concept
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`Wireless Communications, Inc. Defendants have also distributed their products containing the
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`misappropriated technology to customers in this District and the State of Illinois, including the
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`University of Illinois.3 As such, Defendants have demonstrated that they are ready and willing
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`to conduct business with residents of this District and the State of Illinois, and actively do so.
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`18.
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`Defendants also employ individuals in this District and the State of Illinois,
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`including in Chicago4 and claim that their “Global Presence” is based, in part, in Chicago, IL.5
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`Defendants have further availed themselves of contacts and business in this District and the
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`State of Illinois by actively advertising and promoting the products that contain the
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`misappropriated technology. For example, on November 2, 2016, G.S. Kok, Hytera’s Senior
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`Vice President delivered the keynote of Hytera’s future plans in the digital radio market (which
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`
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`3 See http://wiki.radioreference.com/index.php/University_of_Illinois_at_Urbana-Champaign; see
`also https://www.slideshare.net/rosebrown156/hytera-introductionfor-customers at slide 7.
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`4
`
`See https://lautanjobs.com/logistics-coordinator-jobs-hytera-communications-america-
`west.b0c61a8d02aa0acb; see also https://www.indeed.com/cmp/Hytera-America/jobs/Logistic-
`Coordinator-b0c61a8d02aa0acb?q=Transport+West.
`
`5 See https://tandcca.com/fm_file/tetrainchile2015hytera-pdf/ at slide 11 (titled “Hytera Global
`Presence”, and specifically naming and pointing at Chicago as a location that is part of its “Global
`Presence”).
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`8
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`include Hytera’s use of Motorola’s trade secrets) at a conference held in Chicago, IL.6 Seven
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`executives of Hytera attended this conference in Chicago, including Hytera America’s
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`president, Mr. Andy Zhao, in order to, among other things, increase sales in this District and
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`the State of Illinois of products that contain Motorola’s misappropriated technology.7
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`19.
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`Personal jurisdiction also exists specifically over all the Defendants because
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`they have each committed acts of misappropriation in this District and the State of Illinois,
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`because they each directly and/or through their subsidiaries, divisions, groups, or distributors,
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`advertise, market, use, offer for sale, import for sale and/or sell the products at issue in this
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`case containing the misappropriated technology in this District and the State of Illinois, and
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`place those products in the stream of commerce with the expectation and knowledge that they
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`will be purchased by consumers in this district. Further, Hytera’s misappropriations involved
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`certain trade secrets that were invented in, stored in, or accessed from this District and the State
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`of Illinois. As such, Defendants have committed tortious acts in this District and the State of
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`Illinois; have expressly aimed their actions at this District and the State of Illinois with the
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`knowledge that they would cause harm and substantial injury to Motorola in the District and
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`the State of Illinois; and Motorola’s claims relate to Defendants’ products containing
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`technology misappropriated from Motorola and advertised, marketed, used, offered for sale,
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`imported, and/or sold in this District and in the State of Illinois.
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`20.
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`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because Hytera
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`transacts business in this district, has misappropriated trade secrets in this district, and is
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`subject to personal jurisdiction in this district. In addition, venue is proper because Motorola is
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`
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`6 See http://www.hytera.us/Catalogs/Contents.aspx?id=213;
`http://www.criticalltecommunications.net/program-day-one/.
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`7 See http://urgentcomm.com/hytera/hytera-andy-zhao-outlines-companys-technology-roadmap-lte-
`other-next-generation-products.
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`9
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`headquartered in this District; has made significant investments of both equipment and
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`engineering talent in this District; stores in or invented in this District certain of the trade
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`secrets at issue in this case; and has suffered harm in this District.
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`ADDITIONAL FACTUAL ALLEGATIONS
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`A. Motorola Pioneers Digital Two-Way Radio Technology
`In the United States and around the world, Motorola leads the industry in two-
`21.
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`way digital radio products, technologies, and supporting infrastructure and systems. Ever since
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`the company’s founding in 1928, Motorola’s engineers and technicians have focused on
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`developing the hardware, software, and systems necessary to create innovative and durable
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`products that enable rapid and seamless communications in a variety of different organizations
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`and environments, from construction sites to emergency dispatch systems to school bus
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`networks.
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`22.
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`Such commitment to cutting-edge innovation in the service of customers—
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`whether they are enterprises, public safety organizations like police and fire departments, or
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`emergency medical providers—does not come cheaply. Motorola has always invested heavily
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`in research and development, spending more than $3.5 billion in the last five years alone, along
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`with the time, dedication, and creativity of hundreds of Motorola engineers, technicians, and
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`other staff.
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`23. Motorola’s innovation and market leadership were praised by many in the
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`industry who recognized that Motorola “is creating a new era in data-rich public safety
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`communications…. Its core business is unrivaled in the United States and around the world
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`with a broad and loyal customer base, an outstanding record of reliability and growing reach
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`10
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`and scale driven by technology innovation.”8 Others have noted that “Motorola Solutions is a
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`leading provider of mission-critical communication solutions and services for enterprise and
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`government customers. Through leading-edge innovation and communications technology, it
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`is a global leader that enables its customers to be their best in the moments that matter.”9
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`24.
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`As an industry leader in two-way radio products, Motorola has expended
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`considerable resources to research, design, develop, and bring to market new and innovative
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`technologies that have revolutionized the radio and telecommunications industries. One such
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`innovation is the digital two-way radio technology which Motorola pioneered.
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`25. Motorola provides its proprietary digital two-way radio technology and features
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`under the brand name MotoTRBO. Motorola’s digital two-way radio technology and features
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`are carefully tailored—based on Motorola’s extensive research and testing—to meet the
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`requirements of public safety and professional organizations that need a customizable, mission-
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`critical, private communication solution using licensed spectrum.
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`26. Motorola’s MotoTRBO technology is a full product platform that includes
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`portable and mobile radio devices, repeaters and controllers, accessories, data applications, and
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`services that provide a comprehensive two-way digital radio solution.
`
`
`
`8 See Law360, “Silver Lake Backs Motorola Solutions With $1B Investment,” (August 5, 2015)
`(available at: https://www.law360.com/articles/687546/silver-lake-backs-motorola-solutions-with-
`1b-investment).
`
`9 See http://markies.eloqua.com/entrant/motorola-solutions.
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`Exemplary MotoTRBO system
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`27.
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`In operation, the MotoTRBO system converts an analog signal that represents
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`an acoustic waveform into a digital signal. The system then performs voice encoding
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`(vocoding) that compresses the signal to fit into a radio channel. The encoded audio and
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`accompanying data are then organized into frames for transmission. The signal is then sent on
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`a single time-slot over a two-slot TDMA 12.5 kHz channel.
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`MotoTRBO Digital Radio System
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`
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`28.
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`As part of its industry-leading MotoTRBO digital radio technology, Motorola
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`has developed proprietary digital voice and data innovations that offer great benefits to digital
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`two-way radio users. These proprietary innovations include features that can provide
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`efficiency together with enhanced digital capabilities and provide exceptional voice quality,
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`integrated data applications, increased capacity, and extended battery performance, among
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`other improvements—and have made Motorola’s current MotoTRBO technology the most
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`advanced in the industry. Motorola’s feature-rich MotoTRBO technology integrates
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`proprietary innovations, implemented both in hardware and software, that relate to every aspect
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`of Motorola’s digital two-way radio systems, such as emergency features, telephony support,
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`integrated GPS and location services, digital data applications, and enhanced voice features to
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`allow ease of migration from analog to digital systems. The design, development, and
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`implementation of these features in Motorola’s MotoTRBO hardware and software include
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`Motorola’s confidential and proprietary technology and trade secrets.
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`12
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`29.
`
` One example of Motorola’s proprietary MotoTRBO feature is Voice Operated
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`Transmission (“VOX”), which provides invaluable benefits to end users by enabling hands-
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`free communication, i.e., without any push-to-talk action. Motorola’s enhanced VOX uses
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`specialized hardware and software to monitor the device microphone for voice activity and
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`begins transmission upon detection, allowing users to communicate while still having full use
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`of their hands, thereby enhancing safety and efficiency.
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`MotoTRBO System Planner at 131.
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`
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`30.
`
`Another proprietary feature developed and implemented by Motorola in its
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`MotoTRBO line of products is Telemetry functionality that enables a radio to remotely control
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`and monitor the GPIO (General Purpose I/O) pins of a target radio. This functionality enables
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`remote controlling and monitoring of equipment, for example in industrial or agricultural
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`environments.
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`
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`MotoTRBO System Planner at 205.
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`31.
`
`As another example, Motorola developed a Dynamic Mixed Mode Priority
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`Scan feature that enables a user’s radio to dynamically switch between analog and digital
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`modes depending on the type of call received.
`
` MotoTRBO System Planner at 15.
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`32. Motorola has also developed location based services that rely on integrated
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`GPS functionality in its MotoTRBO devices. Motorola’s location services enable, for
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`example, a dispatcher to determine the current location of a radio on a display map, along with
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`other information such as speed and direction.
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` MotoTRBO System Planner at 51.
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`
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`33.
`
`One specific proprietary feature within MotoTRBO’s location services
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`innovations is the GPS Revert Channel feature, which removes location data from a selected
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`channel into a dedicated channel, thus freeing the selected channel to accommodate increased
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`voice traffic.
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` MotoTRBO System Planner at 54.
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`34. Motorola’s MotoTRBO technology also includes a Digital Telephone Patch
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`(DTP) feature that enables direct communication between radio devices and telephone devices,
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`in both an individual call mode and talkgroup mode that enables communication between a
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`phone user and a group of radio users through a half-duplex voice communication.
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` MotoTRBO System Planner at 138.
`
`
`
`35.
`
`Another set of proprietary features supported in Motorola’s MotoTRBO
`
`technology are emergency features that enable a user in distress to send an emergency alarm
`
`message that contains the individual radio identification of the user. Such emergency features
`
`include, for example, a proprietary implementation of the emergency “Lone Worker” feature
`
`to enhance safety for users who work remotely from others, including those operating
`
`machinery and on security patrols. The Lone Worker feature is able to detect when a user’s
`
`activity has stopped and, based on a pre-determined activity timer, initiate an emergency
`
`signal. Another example is the emergency “Man-Down” feature which detects when the
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`radio, and by extension its user, is in a horizontal orientation and initiates an emergency signal.
`
`
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`Case: 1:17-cv-01973 Document #: 1 Filed: 03/14/17 Page 17 of 34 PageID #:1
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`
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` MotoTRBO System Planner at 34, 132.
`
`36.
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`These exemplary proprietary features demonstrate just some of Motorola’s
`
`substantial and sustained investment in its MotoTRBO technology. Underlying these
`
`technologies are significant technical know-how and other carefully guarded trade secrets that
`
`Motorola has developed over the course of many years. These efforts resulted in substantial
`
`trade secrets that, together with other Motorola intellectual property, have made Motorola’s
`
`current MotoTRBO technology the most advanced in the industry. For these reasons and
`
`others, Motorola’s MotoTRBO technology and the secret implementation details of its
`
`proprietary features and processes are some of Motorola’s most valuable assets.
`
`B. Motorola Protects Its Trade Secrets
`As a leader in the digital radio industry, Motorola has expended considerable
`37.
`
`resources in R&D, which resulted in volumes of confidential trade secrets. For example, in
`
`2015, Motorola invested $620 million in R&D, which represents 10.9% of its sales during the
`
`same year. Between 2011 and 2014, Motorola invested R&D amounts that range between
`
`$681-790 million annually. As a result of its substantial investments and decades-long
`
`dedication to innovation, Motorola has been awarded thousands of patents covering, among
`
`other things, its digital two-way radio technology. In addition, significant aspects of
`
`Motorola’s products are highly confidential, and are maintained by Motorola in strict
`
`
`
`17
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`Case: 1:17-cv-01973 Document #: 1 Filed: 03/14/17 Page 18 of 34 PageID #:1
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`confidence as trade secrets to protect their value and the substantial investments Motorola has
`
`made to develop them. Indeed, this confidential information derives considerable value from
`
`not being publicly known outside of Motorola.
`
`38. Motorola protects its trade secrets in numerous ways, including by restricting
`
`access to confidential information only to select individuals, and even then, only subject to
`
`strict confidentiality and non-disclosure agreements. For example, as a condition of their
`
`employment and as part of their employment agreement, Motorola’s employees—including the
`
`Hytera Employees—sign confidentiality agreements pursuant to which they agree, among
`
`other things, to not make improper use of any of Motorola’s confidential information or trade
`
`secrets.
`
`“In consideration of my employment, or continued employment by
`Motorola, Inc. or its subsidiaries (referred to separately or jointly
`as “Motorola”) and the salary or wages paid to me, I understand
`and agree to the following provisions for the protection of
`Motorola property rights:
`
`…
`2. Not to use, or to publish, or to otherwise disclose to others,
`either during or subsequent to my employment by Motorola, any
`confidential information of Motorola or its customers, except as
`my Motorola duties may require.
`3. Upon termination of my employment by Motorola, to promptly
`deliver to a designated Motorola representative all documents
`and other records which relate to the business activities of
`Motorola, or any other materials which belong to Motorola.”
`
`Motorola Employment Agreement (emphasis added).
`
`39.
`
`Consistent with this practice, the Hytera Employees also entered into
`
`employment agreements with Motorola in which they “agree[d] to [certain] provisions for the
`
`protection of Motorola’s property rights.” For example, on or around May 15, 1997, Y.T. Kok
`
`and Motorola entered into an Employment Agreement in which Y.T. Kok acknowledged that
`
`
`
`18
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`Case: 1:17-cv-01973 Document #: 1 Filed: 03/14/17 Page 19 of 34 PageID #:1
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`he had read and understood the requirements of Motorola’s Standard Operating Procedure
`
`(SOP) E-62 form regarding the “Appropriate Use of Computer Resources,” which states that
`
`“[i]t is the policy of Motorola to protect confidential, sensitive or critical information owned by
`
`Motorola or in Motorola custody, and also to protect specific information as required by
`
`applicable law.” Motorola’s Standard Operating Procedures expressly forbid “[d]isclosing
`
`confidential or sensitive information which is owned by or entrusted to Motorola to
`
`unauthorized recipients.” Motorola’s Standard Operating Procedures further prohibited
`
`“[a]ccessing confidential or sensitive information on computer resources without
`
`authorization.”
`
`40.
`
`Chia entered into a similar employment agreement with Motorola on August 23,
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`1999, in which Chia acknowledged