Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Amendment and Interrogatories) [2019] FCA 1237

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Amendment and Interrogatories) [2019] FCA 1237

Leave to file a Third Further Amended Defence was refused since the proposed amendments were incoherent, lacked merit, and were sought after undue delay. Leave to issue interrogatories was granted as the questions were relevant and not oppressive, nor did they impermissibly seek to interrogate the contents of documents.

Parties
Applicant: Motorola Solutions, Inc.; First Respondent: Hytera Communications Corporation Ltd; Second Respondent: Hytera Communications (Australia) Pty Ltd ACN 165 879 701
Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Application (interlocutory) / Interlocutory Hearing (amendment to Defence and Interrogatories)
Outcome
Hytera's application for leave to amend Defence refused with costs; Motorola's application for leave to administer interrogatories allowed; parties to bring in a minute of order to give effect to the reasons.
Legal Topics
Amendment of Pleadings, Interrogatories, Copyright Infringement, Patent Infringement
Practice and Procedure Intellectual Property Amendment of Pleadings Interrogatories Copyright Infringement Patent Infringement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Motorola Solutions, Inc.

Applicant

Hytera Communications Corporation Ltd

First Respondent

Hytera Communications (Australia) Pty Ltd ACN 165 879 701

Second Respondent

Procedural Posture

Application (interlocutory) / Interlocutory Hearing (amendment to Defence and Interrogatories)

Legal Issues

  1. 1 Whether leave should be granted to Hytera to file a Third Further Amended Defence
  2. 2 Whether Motorola should be granted leave to issue interrogatories to Hytera

Ratio Decidendi

Leave to file a Third Further Amended Defence was refused since the proposed amendments were incoherent, lacked merit, and were sought after undue delay. Leave to issue interrogatories was granted as the questions were relevant and not oppressive, nor did they impermissibly seek to interrogate the contents of documents.

Court Disposition

Hytera's application for leave to amend Defence refused with costs; Motorola's application for leave to administer interrogatories allowed; parties to bring in a minute of order to give effect to the reasons.

Orders

  • The parties bring in a minute of order to give effect to these reasons within 21 days.
  • Hytera's application to amend Defence refused with costs.