Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hytera Communications Corporation Limited v Motorola Solutions, Inc. [2019] FCAFC 210 Appeal from: Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Amendment and Interrogatories) [2019] FCA 1237
File number: NSD 1437 of 2019
Judges: JAGOT, YATES, STEWART JJ
Date of judgment: 29 November 2019
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory order – application granted PRACTICE AND PROCEDURE – appeal from decision to dismiss application for leave to file third further amended defence – where primary judge erred in finding that proposed amendments lacked coherence – where amendments are relevant to the determination of the respondent's claim for additional damages arising from alleged flagrant infringements pursuant to the Patents Act 1990 (Cth) and Copyright Act 1968 (Cth) – appeal allowed
Legislation: Copyright Act 1968 (Cth), s 115(4) Federal Court Rules 2011 (Cth), r 16.53 Patents Act 1990 (Cth), s 122(1A)
Date of hearing: 25 November 2019
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and Associated Statutes
Category: Catchwords
Number of paragraphs: 44
Counsel for the Applicants: Mr C Dimitriadis SC and Mr JS Cooke
Solicitor for the Applicants: Shelston IP Lawyers
Counsel for the Respondent: Mr CR Moore SC and Mr AR Lang
Solicitor for the Respondent: Herbert Smith Freehills
ORDERS NSD 1437 of 2019
BETWEEN: HYTERA COMMUNICATIONS CORPORATION LIMITED First Applicant
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