Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (No 5) [2018] FCA 1653

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (No 5) [2018] FCA 1653

Having regard to the case management principles embodied in provisions such as s 37M of the Federal Court of Australia Act 1976 (Cth), the Court would not allow discovery to delay the proceeding by giving the Respondents an opportunity to put on further evidence likely to result in another hearing and probably nothing. The Applicant's proposed discovery order would be made, with additional safeguards requiring destruction or return of unrelated source code or material produced by a failed decompilation process.

Jurisdiction
Australia
Judgment Date
01 November 2018
Procedural Posture
Practice and Procedure; Intellectual Property, Patents and Associated Statutes / Application for Additional Discovery Order
Outcome
Application for additional discovery order granted in the form proposed by the Applicant, subject to additional orders for destruction or return of material in specified circumstances.
Legal Topics
['additional Discovery' 'object Code Files' 'source Code Discovery' 'decompilation' 'case Management']
['practice and Procedure' 'intellectual Property' 'patents and Associated Statutes'] ['additional Discovery' 'object Code Files' 'source Code Discovery' 'decompilation' 'case Management']

Case Brief

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Procedural Posture

Practice and Procedure; Intellectual Property, Patents and Associated Statutes / Application for Additional Discovery Order

Legal Issues

  1. 1 ['Whether the Respondents should be ordered to give discovery of the RF HAL object code files referred to in paragraph 8(c) of the affidavit of Ni Huang dated 13 September 2018.' 'Whether the Respondents should be permitted to adduce further evidence opposing the additional discovery order.' 'Whether safeguards were required if decompilation of object code revealed source code unrelated to RF HAL or failed to produce useful material.']

Ratio Decidendi

Having regard to the case management principles embodied in provisions such as s 37M of the Federal Court of Australia Act 1976 (Cth), the Court would not allow discovery to delay the proceeding by giving the Respondents an opportunity to put on further evidence likely to result in another hearing and probably nothing. The Applicant's proposed discovery order would be made, with additional safeguards requiring destruction or return of unrelated source code or material produced by a failed decompilation process.

Court Disposition

Application for additional discovery order granted in the form proposed by the Applicant, subject to additional orders for destruction or return of material in specified circumstances.

Orders

  • ['By 5 November 2018 the Respondents give discovery of the RF HAL object code files referred to in paragraph 8(c) of the affidavit of Ni Huang dated 13 September 2018.' 'If the decompilation process results in source code unrelated to RF HAL, that additional code is to be destroyed or returned to the Respondents.'...