Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Final Orders) [2023] FCA 546

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Final Orders) [2023] FCA 546

The appropriate orders to give effect to the liability judgment include patent injunctions and certificates for the 355 Patent and 764 Patent, invalidity and revocation orders for the 960 Patent, copyright infringement declarations and an injunction, but no delivery up orders and no orders for steps relating to the choice between damages or an account of profits. The Court considered that Hytera's conduct did not justify an Australian Mud Company type injunction and that possession of promotional or advertising material did not plausibly create a temptation to infringe.

Jurisdiction
Australia
Judgment Date
26 May 2023
Procedural Posture
Intellectual Property Proceeding Involving Patents and Associated Statutes / Formulation of Final Orders to Give Effect to Liability Reasons
Outcome
Directions made for the parties to provide an agreed form of order or, failing agreement, for the Respondents to file a marked-up minute of order.
Legal Topics
['final Orders' 'patent Infringement Injunctions' 'patent Invalidity and Revocation' 'certificates Under S 19(1) of the Patents Act 1990 (cth)' 'copyright Infringement Declarations' 'penal Notices' 'stays Pending Appeal' 'costs Reserved']
['practice and Procedure' 'intellectual Property' 'patents' 'copyright'] ['final Orders' 'patent Infringement Injunctions' 'patent Invalidity and Revocation' 'certificates Under S 19(1) of the Patents Act 1990 (cth)' 'copyright Infringement Declarations' 'penal Notices' 'stays Pending Appeal' 'costs Reserved']

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Procedural Posture

Intellectual Property Proceeding Involving Patents and Associated Statutes / Formulation of Final Orders to Give Effect to Liability Reasons

Legal Issues

  1. 1 ['What orders should be made to give effect to the reasons for judgment in Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability) [2022] FCA 1585.' 'Whether injunctions and certificates should issue in relation to the 355 Patent and the 764 Patent.' 'Whether the claims of the 960 Patent should be declared invalid and revoked.' 'Whether declarations and injunctions should be made for copyright infringement, including satisfaction of ss 115(4)(a) and (b) of the Copyright Act 1968 (Cth).' 'Whether delivery up orders or evidence-taking orders about damages or an account of profits should be made.' 'Whether orders should be stayed and leave to appeal and cross-appeal granted.']

Ratio Decidendi

The appropriate orders to give effect to the liability judgment include patent injunctions and certificates for the 355 Patent and 764 Patent, invalidity and revocation orders for the 960 Patent, copyright infringement declarations and an injunction, but no delivery up orders and no orders for steps relating to the choice between damages or an account of profits. The Court considered that Hytera's conduct did not justify an Australian Mud Company type injunction and that possession of promotional or advertising material did not plausibly create a temptation to infringe.

Court Disposition

Directions made for the parties to provide an agreed form of order or, failing agreement, for the Respondents to file a marked-up minute of order.

Orders

  • ['The parties provide a form of order by the close of business on 31 May 2023, if they are in agreement.' "If the parties are not in agreement, the Respondents are to file a minute of order marked up with the Applicant's changes by the close of business on 1 June 2023."]