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Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors [2025] EWHC 257 (Comm) (23 January 2025)

Source: Open mirrored case · Original bailii.org

Sanctions ✓ Geo ✓

Executive Summary

  • The case concerns enforcement of a US Illinois District Court judgment awarding Motorola Solutions US$136.3 million in Copyright Act damages against Hytera Communications, a Chinese company.
  • Hytera appealed the US judgment; the US Appeal Court partially reversed the Copyright Act damages award and remanded the matter for reassessment.
  • The English High Court refused to adjourn enforcement proceedings pending the Illinois Court’s reassessment, emphasizing finality of foreign judgments under English law.
  • Hytera had obtained a stay of execution on the English judgment by paying US$25 million into court, reflecting risks of premature enforcement.
  • The dispute highlights complex cross-jurisdictional enforcement issues amid ongoing US appellate proceedings and admitted trade secret theft by Hytera.

Sanctions Highlights

  • Hytera, a Chinese entity, is implicated in US criminal proceedings for conspiracy to steal trade secrets under Title 18 USC §1832(a)(5).
  • Enforcement of the US judgment in the UK involves recognition of foreign judgments despite pending appeals, raising potential sanctions exposure for Hytera.
  • The case flags risks of asset freezes or enforcement actions linked to intellectual property theft and trade secret violations under US law.
  • No direct mention of specific sanctions listings (e.g., SDN) but implications for compliance with US export controls and trade restrictions on Chinese tech firms are evident.

Emerging Risks

  • Enforcement of large foreign judgments amid ongoing appeals creates uncertainty and potential for duplicative litigation.
  • Hytera’s admitted criminal conduct and partial appellate reversal increase volatility in final damage assessments and enforcement outcomes.
  • The remand for reassessment of damages under the US Copyright Act introduces unpredictability in financial exposure.
  • Cross-border enforcement may trigger retaliatory legal or regulatory measures by China or complicate UK-US-China trade relations.
  • Potential reputational damage for Hytera and associated entities in global markets and supply chains.

Geopolitical Impact

  • The case underscores tensions between US and Chinese technology firms amid intellectual property disputes.
  • UK courts act as a critical venue for enforcing US judgments, reflecting close UK-US legal cooperation.
  • The involvement of US DOJ criminal charges against a Chinese company highlights ongoing US efforts to curb Chinese IP theft.
  • The case may influence UK policy on enforcement of foreign judgments and sanctions compliance involving Chinese tech companies.
  • It reflects broader geopolitical competition in high-tech sectors and legal arenas between the US, UK, and China.

Economic Intelligence

  • The disputed damages award (initially US$136.3 million) represents significant financial stakes in the competitive two-way radio and communications technology market.
  • Hytera’s liability and enforcement risks may affect its market valuation, access to capital, and partnerships.
  • The case may deter Chinese firms from engaging in IP theft due to enhanced cross-border enforcement.
  • Potential impact on supply chains and licensing agreements involving Motorola and Hytera products.
  • The litigation outcome could set precedent for valuation and enforcement of IP-related damages in international commercial disputes.

Strategic Recommendations

  • Monitor ongoing Illinois Court reassessment and US Appeal Court developments for final damage figures.
  • Assess Hytera’s global asset exposure and potential enforcement targets in UK and allied jurisdictions.
  • Advise clients on compliance risks related to dealings with Hytera and affiliated entities, including export controls and sanctions.
  • Prepare for possible escalation in UK-China legal and trade tensions affecting technology sectors.
  • Leverage this case as a benchmark for enforcing US IP judgments in the UK, emphasizing the importance of securing stays and escrow arrangements.
  • Engage US legal experts to clarify implications of remand and appellate rulings on enforcement strategy.

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**Source Notes:** *Sanctions Intelligence Digest* — [https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/257.html](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/257.html)

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