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ARTICLE · 11 JUNE 2025

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Hytera Communications Corporation Ltd v Motorola Solutions Inc: Cracking the code on "Substantial Part"

Piper Alderman
Piper Alderman
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Piper Alderman

Piper Alderman

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Recent copyright infringement case considers how to assess whether a part of the copied work is a "substantial part".

AustraliaIntellectual Property
Tim O’Callaghan
Tim O’Callaghan
Travis Shueard
Travis Shueard
Will Layton
Will Layton
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Background Facts

The background facts are complex. The appeal concerned digital mobile radios (DMRs), including their computer firmware, supplied in Australia by Hytera Communications Corporation Ltd and its Australian subsidiary, Hytera Communications (Australia) Pty Ltd (together, Hytera).2

In 2003, Motorola Solutions Inc (Motorola) began work on a DMR project, with its software development phase known as the 'Matrix' project. By around 2005, Hytera had also started efforts to develop a DMR device.3 Later, in 2008, Hytera hired a former senior engineer from Motorola who had worked on the Matrix project. Soon after, the company recruited 12 additional engineers from Motorola.4

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