Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability)

Motorola Solutions, Inc. brought an action against Hytera Communications Corporation Ltd concerning alleged infringement of patents and copyright. The dispute involved three method patents relating to digital mobile radios using Time Division Multiple Access (TDMA) and copyright in 11 computer programs in source code. The legal issues included the construction of disputed patent terms, whether the patents were valid, and whether Hytera's devices infringed Motorola's patents and copyright. The court also considered secondary liability for importation of devices, authorisation, and joint tortfeasorship, as well as injunctive relief and additional damages.

The court examined the technical context of two-way radio communications and TDMA, and the industry standards that applied. It considered the common general knowledge in the field at the priority date of the patents. The court found that Hytera's devices did not use the methods of the patents in suit. The court also held that the patents were valid and that Hytera's intermediate source code, used to develop firmware for its devices, was copied from Motorola's source code. However, the court found that the firmware in object code installed into Hytera's devices in China did not infringe Motorola's copyright, as the intermediate source code was mostly lost, and the object code was not a reproduction or adaptation of Motorola's source code. The court did not find that Hytera's importation of the devices into Australia constituted secondary infringement of Motorola's copyright.

Final orders were made concerning confidentiality of certain documents, non-publication of the judgment, and a further hearing on quantum and leave to appeal. The parties were directed to confer and formulate an agreed notation to be included in revised short minutes of order for each of the applications. The court extended the interim confidentiality arrangements to 1 March 2023 and ordered the parties to confer with a view to drafting a minute of order giving effect to the conclusions reached, including in relation to confidentiality.