Nichia Corporation v Arrow Electronics Australia Pty Ltd (No 3) [2016] FCA 466

Nichia Corporation v Arrow Electronics Australia Pty Ltd (No 3) [2016] FCA 466

The Court determined that summaries or minutes of testimonies from foreign proceedings which were not created or endorsed by the original witness are inadmissible hearsay and do not fall within exceptions under the Evidence Act. Documents such as signed letters and declarations may be admitted provisionally, subject to later proof of authenticity. The Court further held that Mr Schroeder's evidence should not be taken by video link due to its critical and contentious nature, the respondent's lack of reasonable steps to secure in-person attendance, and the prejudice the applicant would suffer in cross-examination if the evidence were taken remotely.

Parties
Applicant / Cross Respondent: Nichia Corporation; Respondent / Cross Claimant: Arrow Electronics Australia Pty Ltd; Witness: Stefan Richter; Witness: Christoph Schroeder
Jurisdiction
Australia
Judgment Date
05 May 2016
Procedural Posture
Patent Infringement and Revocation / Pre Trial Interlocutory Ruling on Evidentiary Issues
Outcome
Evidence admitted/rejected as detailed; application to give evidence by video link refused for Mr Schroeder, granted for Dr Richter
Legal Topics
Hearsay, Video Link Testimony, Business Records, Patent Infringement, Revocation Proceedings
Evidence Practice and Procedure Intellectual Property Hearsay Video Link Testimony Business Records Patent Infringement Revocation Proceedings

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Parties

Nichia Corporation

Applicant / Cross Respondent

Arrow Electronics Australia Pty Ltd

Respondent / Cross Claimant

Stefan Richter

Witness

Christoph Schroeder

Witness

Procedural Posture

Patent Infringement and Revocation / Pre Trial Interlocutory Ruling on Evidentiary Issues

Legal Issues

  1. 1 Whether certain evidence (affidavit paragraphs, documents, minutes, letters, and declarations) is admissible under the Evidence Act 1995 (Cth)
  2. 2 Whether leave should be granted for a key witness to give evidence by video link

Ratio Decidendi

The Court determined that summaries or minutes of testimonies from foreign proceedings which were not created or endorsed by the original witness are inadmissible hearsay and do not fall within exceptions under the Evidence Act. Documents such as signed letters and declarations may be admitted provisionally, subject to later proof of authenticity. The Court further held that Mr Schroeder's evidence should not be taken by video link due to its critical and contentious nature, the respondent's lack of reasonable steps to secure in-person attendance, and the prejudice the applicant would suffer in cross-examination if the evidence were taken remotely.

Court Disposition

Evidence admitted/rejected as detailed; application to give evidence by video link refused for Mr Schroeder, granted for Dr Richter