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

FEDERAL COURT OF AUSTRALIA

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd [2017] FCA 1506 File number: NSD 1283 of 2017

Judge: PERRAM J

Date of judgment: 8 December 2017

Date of hearing: 8 December 2017

Registry: New South Wales

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Patents and Associated Statutes

Category: No Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Mr C Moore SC with Mr A Lang

Solicitor for the Applicant: Herbert Smith Freehills

Counsel for the Respondents: Mr C Dimitriadis SC with Mr C Burgess

Solicitor for the Respondents: Minter Ellison

ORDERS NSD 1283 of 2017

BETWEEN: MOTOROLA SOLUTIONS, INC. Applicant

AND: HYTERA COMMUNICATIONS CORPORATION LTD First Respondent

HYTERA COMMUNICATIONS (AUSTRALIA) PTY LTD ACN 165 879 701 Second Respondent

JUDGE: PERRAM J DATE OF ORDER: 8 DECEMBER 2017

THE COURT ORDERS THAT:

1. The Applicant be 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 in the manner shown in the draft Amended Statement of Claim and Amended Reply attached and marked as Attachments A and B (respectively) to the Applicant's Interlocutory Application dated 4 December 2017 (Applicant's Amended Documents). 2. Within 2 business days of the date of these orders, the Applicant is to file and serve the Applicant's Amended Documents. 3. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT