Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Discovery) [2019] FCA 1887 File number: NSD 1283 of 2017
Judge: PERRAM J
Date of judgment: 7 November 2019
Date of publication of reasons: 15 November 2019
Catchwords: PRACTICE AND PROCEDURE – application for discovery – where documents sought said to be relevant to ownership and subsistence of copyright in, and originality of, applicant's source code – where source code in part derived from earlier code – consideration of necessity and likely effects of discovery being ordered
Legislation: Copyright Act 1968 (Cth) ss 14, 35 Federal Court Rules 2011 (Cth) r 20.11
Cases cited: Data Access Corporation v Powerflex Services Pty Limited [1999] HCA 49; 202 CLR 1 IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14; 239 CLR 458 Interlego AG v Tyco Industries Inc (1988) 12 IPR 97 JR Consulting & Drafting Pty Ltd v Cummings [2016] FCAFC 20; 116 IPR 440 Neilson v Overseas Projects Corporation of Victoria Ltd [2005] HCA 54; 223 CLR 331
Date of hearing: 7 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: 26
Counsel for the Applicant: Mr C A Moore SC with Mr A R Lang
Solicitor for the Applicant: Herbert Smith Freehills
Counsel for the Respondents: Mr C Dimitriadis SC with Mr T Cooke and Mr B Mee
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