Huawei applies for injunction to prevent Motorola passing on IP to NSN

Huawei Technologies has asked a US District Court to prevent Motorola from illegally transferring Huawei’s intellectual property (IP) to Nokia Siemens Networks (“NSN”). Huawei took this action as NSN seeks to complete its US$1.2 billion acquisition of Motorola’s wireless network business.

Since 2000, Huawei and Motorola have had a cooperative relationship in the radio access network and core network businesses, where Motorola has resold Huawei wireless network products to customers under the Motorola name. During this period, Motorola was provided with products and confidential Huawei IP developed by Huawei’s team of more than 10,000 engineers.

Since the July 2010 announcement by NSN of its purchase of Motorola’s wireless network business, Huawei has tried to ensure that Motorola does not transfer this confidential information to NSN. Motorola, however, has not responded with assurances that it will prevent disclosure of that information to NSN. If Huawei’s proprietary commercial property and information is transferred to a third party, Huawei will suffer irreparable commercial damage.

Motorola’s failure to adopt measures sufficient to ensure that Huawei’s proprietary information remains confidential has compelled the company to file for the appropriate legal protection of its rights.