Motorola Solutions, Inc. v Hytera Communications Corporation Ltd [2018] FCA 446

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd [2018] FCA 446

Discovery should proceed in a bifurcated process, with Respondents first giving discovery of documents already discovered in related US proceedings before moving to discover documents held in China, as this approach is expedient, reflects the complexities of the proceedings, and allows the impact of Chinese law on discovery to be better explained and managed.

Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Application for Discovery / Interlocutory Orders on Discovery
Outcome
Interlocutory orders for discovery made; Respondents required to provide discovery as specified and file affidavits verifying specified matters.
Legal Topics
['discovery' 'foreign Proceedings' 'patents']
['practice and Procedure' 'intellectual Property'] ['discovery' 'foreign Proceedings' 'patents']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Discovery / Interlocutory Orders on Discovery

Legal Issues

  1. 1 ['Whether discovery should be granted over documents already discovered in related foreign proceedings' 'Appropriateness of bifurcated discovery process focusing first on documents discovered in the US proceedings']

Ratio Decidendi

Discovery should proceed in a bifurcated process, with Respondents first giving discovery of documents already discovered in related US proceedings before moving to discover documents held in China, as this approach is expedient, reflects the complexities of the proceedings, and allows the impact of Chinese law on discovery to be better explained and managed.

Court Disposition

Interlocutory orders for discovery made; Respondents required to provide discovery as specified and file affidavits verifying specified matters.

Orders

  • ['The Respondents provide verified discovery by means of partial verified lists of categories in Annexure A, including most recent versions of manuals and technical specifications for Hytera Devices by 30 April 2018, and further documents by 9 May 2018.' 'Production of documents to be given in electronic format as...