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Huawei Ruling

Huawei Ruling

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Published by chicagotribune
Huawei v. Motorola
Huawei v. Motorola

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Published by: chicagotribune on Feb 23, 2011
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03/05/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISIONHUAWEI
 
TECHNOLOGIES
 
CO.,LTD.,
 
Plaintiff,v.MOTOROLA,
 
INC.,
 
MOTOROLASOLUTIONS,
 
INC.,
 
MOTOROLAMOBILITY
 
HOLDINGS,
 
INC.,NOKIA
 
SIEMENS
 
NETWORKS
 
US,LLC
AND
N
OKIA
S
IEMENS NETWORKSB
.
V
.Defendants.)))))))))))))))CIVIL ACTION NO. 11-cv-497Hon. Sharon Johnson ColemanMEMORANDUM OPINION AND ORDER
This matter is before the Court on motion by Huawei Technologies Co., Ltd. (“Huawei”)for a preliminary injunction against Defendants Motorola Solutions, Inc.
1
(“Motorola”), NokiaSiemens Networks US, LLC and Nokia Siemens Networks B.V. to maintain the
status quo
pending arbitration and prevent Motorola from disclosing Huawei confidential information andtrade secrets to the Nokia Defendants (collectively “NSN”) and to prevent NSN from using thesame.  (Dkt. No. 9.)  The parties filed extensive briefs on the matter and the Court conducted anevidentiary hearing beginning on February 11, 2011 and continuing on February 14, 2011.  Forthe reasons that follow, the Court grants Huawei’s request for a preliminary injunction in partand denies the request in part.
1
As of January 4, 2011, Motorola, Inc. was spun off into two publicly traded companies:  (1) Motorola Solutions,Inc. and Motorola Mobility Holdings, Inc.  Motorola, Inc. no longer exists.  Huawei voluntarily dismissed MotorolaMobility Holdings, Inc. without prejudice on February 10, 2011.  (Dkt. No. 96.)
Case: 1:11-cv-00497 Document #: 120  Filed: 02/22/11 Page 1 of 25 PageID #:6052
 
BACKGROUNDI. The Parties
Huawei is a Chinese corporation and leading provider of next generationtelecommunications network solutions for operators around the world.  Motorola is a Delawarecorporation and global provider of wireless and broadband communications.  NSN is a jointventure formed from business units of Nokia Corporation of Finland and Siemens AG of Germany.  Nokia Siemens Networks US LLC is a Delaware corporation and Nokia SiemensNetworks B.V. is a Dutch corporation.  NSN sells mobile infrastructure hardware and serviceagreements to carrier companies and is a direct competitor to Huawei.
II. The Huawei and Motorola Agreements
Beginning in June 2000, Huawei and Motorola entered into a series of agreements underwhich Huawei would develop, design, and implement new optimized technologies for cellularcommunications networks and then sell those technologies and other Huawei products toMotorola.  Motorola would then resell the technologies and products under the Motorola brand.The technologies Huawei developed and provided to Motorola under the various agreementsinclude:  Global Systems for Mobile (“GSM”) communications products, Radio Network Controller (“RNC”) products, and Universal Mobile Telecommunications Systems (“UMTS”)products.  Motorola purchased approximately $878 million in equipment from Huawei from2000 through the present.To ensure that Motorola could service its customers and repair and maintain the Huaweiequipment, the agreements between the companies contemplated that Huawei provide Motorolawith highly confidential information.  The agreements required Motorola to protect Huawei’sconfidential information and prohibited Motorola from disclosing Huawei’s confidential
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Case: 1:11-cv-00497 Document #: 120  Filed: 02/22/11 Page 2 of 25 PageID #:6053
 
information to third parties.  The two agreements that are most relevant to the instant matter arethe Restated Cooperation Agreement (“RCA”) and the Joint Research and Development CenterAgreement (“JRDC”).  Both agreements remain in force today and impose ongoing protectionson Motorola’s use of Huawei’s confidential information.  Under the RCA, Motorola and Huaweiagreed that the party receiving confidential information acknowledges that this information maycontain trade secrets and proprietary information and that the unauthorized disclosure of thisinformation may cause irreparable harm to the disclosing party.  Dispute resolution provisions inthe RCA and JRDC provide that all disputes arising under the agreements must be resolvedthrough arbitration before a Tribunal of the International Chamber of Commerce in Geneva,Switzerland.
III.  The Motorola/NSN Transaction
I
n the fall of 2009, investment bankers working on Motorola’s behalf contacted Huaweiand other parties to explore whether they would be interested in purchasing Motorola’s wirelessnetworks infrastructure business and its assets.  Through this business, Motorola providesequipment and services to wireless network carriers such as Verizon and AT&T.  Huaweisubmitted an initial non-binding bid in December 2009 and a revised bid in April 2010.Motorola ultimately decided to sell its wireless networks business to NSN and theMotorola/NSN transaction was announced on July 19, 2010.  With the exception of the Ministryof Commerce of the People’s Republic of China (“MOFCOM”), the Motorola/NSN transactionhad been approved by the necessary government antitrust agencies.  The transaction is expectedto close following MOFCOM’s approval.  Under the contemplated transaction, NSN will acquireMotorola’s GSM and UMTS networks, including all of the equipment and connections that
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Case: 1:11-cv-00497 Document #: 120  Filed: 02/22/11 Page 3 of 25 PageID #:6054

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