Schaumburg, Illinois (PRWEB) November 18, 2011
Lemko Corporation, a small US developer of cellular broadband networking software and systems, filed suit today in Cook County Circuit Court alleging that Motorola Mobility Holdings, Inc., is financially benefiting from the use of misappropriated trade secrets in all cellular phones.
The complaint details the alleged pilfering of Lemko’s network-based, position-determining entity (“PDE”) source code by Motorola Mobility and its predecessor Motorola, Inc.
The complaint provides the specific chronology, including Motorola’s hiring of a Lemko engineer responsible for creating the unique code and the surreptitious actions of exporting the secret source code to Motorola’s operations in China.
Lemko’s unique software-based PDE and accompanying source code can be embedded in every base station and in every cellular phone. Lemko’s PDE system when combined with A-GPS technology helps determine a cell phone’s precise geo-location. The ability to calculate and send location information is central to the success of timely response to E911 emergency calls and many other applications that use geo-location.
The complaint is the first brought by Lemko against Motorola Mobility, based in Libertyville, IL., which was created in January 2011 upon the break up of Motorola, Inc. It has been widely reported that Motorola Mobility is in the process of being sold to Google for $12.5 billion, mainly for its cellular patents and intellectual property.
Raymond Minkus, spokesman for Lemko, said, “Lemko is committed to protecting itself against the theft of its software. Lemko will vigorously defend its intellectual property rights and will exercise its legal rights to prevent Motorola’s illegal sale which would result in the fraudulent conveyance of our source code to Google.”
The suit alleges that Motorola has admitted that Lemko’s secret source code was present on the company’s servers. The complaint further alleges that Motorola sought to conceal its use of Lemko’s secret source code by exporting it to its China labs and by having Motorola’s Chinese engineering team integrate the code into its cellular phones. The complaint asserts Motorola built the Lemko source code into at least one Motorola handset and tested it on the Sprint network.
Moreover, Motorola is accused of subsequently deleting and destroying evidence of the code’s usage.
“By destroying evidence of its misappropriation, Motorola has also engaged in willful, deliberate and malicious conduct and is, therefore, subject to increased damages under the Illinois Trade Secrets Act, 765 I.L.C.S. Section 165/4(b),” the complaint states. “Motorola’s conduct was done voluntarily and intentionally and its misappropriation is not the result of a mistake or accident. Further, Motorola’s acts were malicious, in that they were accompanied by a conscious and wanton disregard of Lemko’s rights.”
Lemko Corporation (http://www.lemko.com) is dedicated to creating and providing comprehensive broadband cellular solutions to rural communities, areas ravaged by disaster and for other special situations where small subscriber bases and / or problematic events require lower cost yet easy to implement solutions.
Lemko’s proprietary IP software provides core 4G network technology that equips carriers, emergency response teams and other mission critical users of Lemko’s patented “game changing” technology, with the ability to quickly, easily and economically deploy next generation mobile broadband systems.
The Cook County Circuit Court case file is 2011L012432.