Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (No 6) [2018] FCA 2017

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (No 6) [2018] FCA 2017

The Court allowed the amendments to the pleadings to include the copyright infringement case, but directed that this aspect proceed on a separate timetable to avoid postponing the patent hearing, providing for case management to monitor progress and the possibility of bringing forward the copyright trial if feasible.

Jurisdiction
Australia
Judgment Date
13 December 2018
Procedural Posture
Interlocutory Application / Application to Amend Pleadings
Outcome
Application to amend pleadings granted
Legal Topics
['amendment of Pleadings' 'copyright Infringement' 'case Management']
['intellectual Property'] ['amendment of Pleadings' 'copyright Infringement' 'case Management']

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Procedural Posture

Interlocutory Application / Application to Amend Pleadings

Legal Issues

  1. 1 ['Whether to grant leave to amend pleadings to include a copyright infringement case' 'Whether the amendments would postpone hearing dates and lead to a more protracted trial']

Ratio Decidendi

The Court allowed the amendments to the pleadings to include the copyright infringement case, but directed that this aspect proceed on a separate timetable to avoid postponing the patent hearing, providing for case management to monitor progress and the possibility of bringing forward the copyright trial if feasible.

Court Disposition

Application to amend pleadings granted

Orders

  • ['The matter be stood over for a further case management hearing on 18 December 2018 at 9.30am.']