Motorola Solutions, Inc. v Hytera Communications Corporation Ltd [2017] FCA 1506

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd [2017] FCA 1506

Leave to amend the Statement of Claim and Reply was granted as the proposed amendments were relevant to the pleaded case for infringement and aggravated damages, and the objections as to particularity and scope did not warrant refusing leave. The interlocutory nature of the application and existing pleadings of similar allegations further supported the amendments.

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
08 December 2017
Procedural Posture
Patent Infringement / Interlocutory Application to Amend Pleadings
Outcome
Leave to amend granted; costs reserved
Legal Topics
Patents, Patent Infringement, Pleading Amendment
Intellectual Property Patents Patent Infringement Pleading Amendment

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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

Patent Infringement / Interlocutory Application to Amend Pleadings

Legal Issues

  1. 1 Whether leave should be granted to amend the Statement of Claim and Reply in patent infringement proceedings

Ratio Decidendi

Leave to amend the Statement of Claim and Reply was granted as the proposed amendments were relevant to the pleaded case for infringement and aggravated damages, and the objections as to particularity and scope did not warrant refusing leave. The interlocutory nature of the application and existing pleadings of similar allegations further supported the amendments.

Court Disposition

Leave to amend granted; costs reserved

Orders

  • The applicant is granted leave under rule 16.53 of the Federal Court Rules 2011 (Cth) to amend its Statement of Claim dated 31 July 2017 and Reply dated 7 November 2017 as outlined in the draft attached to the Interlocutory Application dated 4 December 2017.
  • Within 2 business days of the date of these orders, the applicant is to file and serve the amended documents.