Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Redaction of Judgment) [2023] FCA 545

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Redaction of Judgment) [2023] FCA 545

Redactions are ordered where necessary to preserve trade secrets of the parties; personal information of peripheral third parties may be suppressed if not necessary for the administration of justice. However, monetary amounts relating to a party's employee are not suppressed solely on privacy grounds if required for transparent judicial reasoning.

Jurisdiction
Australia
Judgment Date
26 May 2023
Procedural Posture
Interlocutory Application (redaction/suppression Order) in Primary Proceeding / Post Liability Judgment; Determination of Redactions/suppression of Reasons
Outcome
Orders for redaction and partial suppression granted in part; parties to prepare draft minute specifying granted redactions; suppression order for 7 years to apply to specified material.
Legal Topics
['suppression Orders' 'confidentiality of Trade Secrets' 'redaction of Judgments' 'protection of Personal Information' 'patents']
['practice and Procedure' 'intellectual Property'] ['suppression Orders' 'confidentiality of Trade Secrets' 'redaction of Judgments' 'protection of Personal Information' 'patents']

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Procedural Posture

Interlocutory Application (redaction/suppression Order) in Primary Proceeding / Post Liability Judgment; Determination of Redactions/suppression of Reasons

Legal Issues

  1. 1 ['Whether portions of reasons for judgment should be redacted to protect trade secrets or personal information' 'The balance between open justice and preservation of confidential information']

Ratio Decidendi

Redactions are ordered where necessary to preserve trade secrets of the parties; personal information of peripheral third parties may be suppressed if not necessary for the administration of justice. However, monetary amounts relating to a party's employee are not suppressed solely on privacy grounds if required for transparent judicial reasoning.

Court Disposition

Orders for redaction and partial suppression granted in part; parties to prepare draft minute specifying granted redactions; suppression order for 7 years to apply to specified material.

Orders

  • ['The parties provide a minute of order giving effect to these reasons within 7 days.' 'Suppression order for a period of 7 years from the date of the orders on the redacted material.' 'Upon provision of the minute of order, final orders will be made and a redacted judgment will be published under a new medium...