Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Late Evidence) [2020] FCA 904

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Late Evidence) [2020] FCA 904

The application to rely on Mr Grimmett's affidavit is refused because Hytera, despite knowing of the relevant DMR issue since at least 7 November 2019, delayed in seeking to raise it in this proceeding, did not instruct their solicitors promptly, and did not provide evidence from its employees explaining the delay. This prejudice to Motorola outweighs any justification for admitting the late evidence.

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
26 June 2020
Procedural Posture
Application / Interlocutory; Application to Rely on Late Evidence
Outcome
Application refused
Legal Topics
Late Evidence, Intellectual Property, Patents
Practice and Procedure Late Evidence Intellectual Property Patents

Case Brief

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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; Application to Rely on Late Evidence

Legal Issues

  1. 1 Whether Hytera should be permitted to rely on Mr Grimmett's affidavit as late evidence in support of its delay defence

Ratio Decidendi

The application to rely on Mr Grimmett's affidavit is refused because Hytera, despite knowing of the relevant DMR issue since at least 7 November 2019, delayed in seeking to raise it in this proceeding, did not instruct their solicitors promptly, and did not provide evidence from its employees explaining the delay. This prejudice to Motorola outweighs any justification for admitting the late evidence.

Court Disposition

Application refused

Orders

  • The application to rely on Mr Grimmett's affidavit be refused.
  • The Respondents pay the Applicant's costs of the application.