Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Late Evidence) [2020] FCA 904 File number: NSD 1283 of 2017
Judge: PERRAM J
Date of judgment: 26 June 2020
Catchwords: PRACTICE AND PROCEDURE – application to rely on late evidence
Legislation: Federal Court Rules 2011 (Cth) r 16.03
Cases cited: Hytera Communications Corporation Ltd v Motorola Solutions Inc [2019] FCAFC 210 Motorola Solutions Inc v Hytera Communications Corporation (Amendment and Interrogatories) [2019] FCA 1237 Motorola Solutions Inc & anor v Hytera Communications Corporation Ltd & anor (US District Court, Northern District of Illinois, Eastern Division, No.17 CV 1973)
Date of hearing: 18 and 22 June 2020
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 68
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 C Burgess and Mr J Cooke
Solicitor for the Respondents: Shelston IP Lawyers
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: 26 June 2020
THE COURT ORDERS THAT:
1. The application to rely on Mr Grimmett's affidavit be refused. 2. The Respondents pay the Applicant's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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