Hytera Communications Corporation Limited v Motorola Solutions, Inc. [2019] FCAFC 210

Hytera Communications Corporation Limited v Motorola Solutions, Inc. [2019] FCAFC 210

The discretion of the primary judge miscarried by focusing only on the patent case and failing to consider the relevance of the proposed amendments to the newly introduced copyright case and other relief; the proposed amendments were relevant both to additional damages and the assessment of overall relief sought, and any delay by Hytera was explained by the recent availability of factual information from the US proceedings; thus, leave should be granted and the appeal allowed.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Interlocutory Appeal / Leave to Appeal and Appeal From Interlocutory Order
Outcome
Leave to appeal granted; appeal allowed.
Legal Topics
['patent Infringement' 'copyright Infringement' 'additional Damages' 'flagency' 'leave to Amend Defence' 'practice and Procedure']
['intellectual Property'] ['patent Infringement' 'copyright Infringement' 'additional Damages' 'flagency' 'leave to Amend Defence' 'practice and Procedure']

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Procedural Posture

Interlocutory Appeal / Leave to Appeal and Appeal From Interlocutory Order

Legal Issues

  1. 1 ['Whether leave to appeal from an interlocutory order should be granted' 'Whether the primary judge erred in finding the proposed amendments to the defence lacked coherence' 'Whether delay by Motorola in notifying Hytera of alleged infringement is relevant to additional damages and other relief' 'Whether Hytera should be granted leave to file a third further amended defence']

Ratio Decidendi

The discretion of the primary judge miscarried by focusing only on the patent case and failing to consider the relevance of the proposed amendments to the newly introduced copyright case and other relief; the proposed amendments were relevant both to additional damages and the assessment of overall relief sought, and any delay by Hytera was explained by the recent availability of factual information from the US proceedings; thus, leave should be granted and the appeal allowed.

Court Disposition

Leave to appeal granted; appeal allowed.

Orders

  • ['Leave to appeal be granted.' "The draft notice of appeal accompanying the applicants' application for leave to appeal stand as the notice of appeal and the respondent's draft notice of contention stand as the notice of contention." 'The appeal be allowed.' 'Leave be granted to the applicants to file in the...