Motorola Solutions, Inc. v Hytera Communications Corporation (Transcript Tender) [2020] FCA 1605

Motorola Solutions, Inc. v Hytera Communications Corporation (Transcript Tender) [2020] FCA 1605

The application to tender further portions of a US transcript was refused because the issue of when Hytera became aware of Motorola source code in its own was genuinely in dispute, and because any extra expense or delay associated with recalling a witness to resolve the issue would not be unnecessary within the meaning of s 190(3)(b).

Jurisdiction
Australia
Judgment Date
05 November 2020
Procedural Posture
Intellectual Property—patent Litigation / Interlocutory Application During Trial
Outcome
Application to tender US transcript refused; tender rejected.
Legal Topics
['hearsay' 'discretion to Admit Evidence' 'patent Infringement' 'delay Defence']
['evidence' 'intellectual Property'] ['hearsay' 'discretion to Admit Evidence' 'patent Infringement' 'delay Defence']

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Procedural Posture

Intellectual Property—patent Litigation / Interlocutory Application During Trial

Legal Issues

  1. 1 ['Whether portions of a US transcript could be tendered in light of s 190(3) of the Evidence Act 1995 (Cth)' 'Whether the hearsay rule should be waived under s 190(3)(a) or (b) of the Evidence Act 1995 (Cth)']

Ratio Decidendi

The application to tender further portions of a US transcript was refused because the issue of when Hytera became aware of Motorola source code in its own was genuinely in dispute, and because any extra expense or delay associated with recalling a witness to resolve the issue would not be unnecessary within the meaning of s 190(3)(b).

Court Disposition

Application to tender US transcript refused; tender rejected.

Orders

  • ['The tender of the US transcript is rejected on the basis that it is inadmissible hearsay evidence to which the Evidence Act applies.']