Unsealed Indictment Illustrates Interplay Between Criminal and Civil Liability For Theft Of Trade Secrets

On February 7, 2022, the U.S. Attorney’s Office for the Northern District of Illinois unsealed an indictment against Hytera Communications Corporation, Ltd. (“Hytera”), a company headquartered in Shenzhen, China, and several individuals, charging each with conspiracy to commit theft of trade secrets.

The indictment’s allegations parallel those made in two civil complaints Motorola Solutions Inc. (“Motorola”) filed against Hytera for theft of trade secrets and patent infringement in the same Court in 2017.

The indictment reflects a continuing pattern of the United States Government aggressively pursuing trade secrets cases under the Espionage Act against Chinese companies.  It also provides an interesting case study in the interplay between civil litigation that parallels a criminal investigation.

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This blog post was republished by Intellectual Property & Technology Law Journal.