Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Cognate Amendment) [2020] FCA 1041

Leave to amend the defence was refused as it would permit reliance on evidence (Mr Grimmett's affidavit) which the court had previously refused to allow.

Jurisdiction: Australia
Judgment Date: 14 July 2020
Procedural Posture: Interlocutory Application / Application for Leave to Amend Defence
Outcome: Application to amend defence dismissed with costs
Legal Topics: ['practice and Procedure' 'amendment of Pleadings' 'evidence' 'patents']

['intellectual Property'] ['practice and Procedure' 'amendment of Pleadings' 'evidence' 'patents']

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Procedural Posture

Interlocutory Application / Application for Leave to Amend Defence

Legal Issues

1 ["Whether to grant leave to amend the defence to rely upon matters raised in Mr Grimmett's affidavit"]

Ratio Decidendi

Leave to amend the defence was refused as it would permit reliance on evidence (Mr Grimmett's affidavit) which the court had previously refused to allow.

Court Disposition

Application to amend defence dismissed with costs

Orders

["Paragraph 2 of the Respondents' Interlocutory Application dated 2 July 2020 be dismissed with costs."]