Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Defence Amendment) [2020] FCA 280 File number: NSD 1283 of 2017
Judge: PERRAM J
Date of judgment: 6 March 2020
Catchwords: PRACTICE AND PROCEDURE – application for leave to file Fifth Further Amended Defence – where proposed amendments concern portions of Respondents' computer code having been rewritten following allegations of copyright infringement – where Applicant prepared to concede at trial for purposes of claim for aggravated damages and Respondents' delay defence that rewritten code does not infringe Applicant's copyright – where Respondents claim rewritten code relevant to scope of general injunction sought by Applicant – consideration of objective to facilitate resolution of dispute as quickly, inexpensively and efficiently as possible
Legislation: Copyright Act 1968 (Cth) ss 31, 36, 37, 38, 115 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 16.02, 16.53, 30.01
Cases cited: CA Inc v ISI Pty Ltd [2012] FCA 35; 201 FCR 23 Calidad Pty Ltd v Seiko Epson Corporation (No 2) [2019] FCAFC 168; 147 IPR 386 Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101; 187 FCR 261 Designers Guild Ltd v Russell Williams (Textiles) Ltd [2001] 1 All ER 700 Elwood Clothing Pty Ltd v Cotton On Clothing Pty Ltd [2008] FCAFC 197; 172 FCR 580 John Richardson Computers Ltd v Flanders (1993) 26 IPR 367 Macquarie Bank Ltd v National Mutual Life Association of Australia Ltd (1996) 40 NSWLR 543 Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (No 6) [2018] FCA 2017 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; 147 CLR 589 Seafolly Pty Limited v Fewstone Pty Ltd [2014] FCA 321; 313 ALR 41 SW Hart & Co Pty Ltd v Edwards Hot Water Systems [1985] HCA 59; 159 CLR 466 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2 Ricketson S, The Law of Intellectual Property: Copyright, Design and Confidential Information (Thomson Reuters, subscription service)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate