Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Cognate Amendment) [2020] FCA 1041 File number: NSD 1283 of 2017
Judge: PERRAM J
Date of judgment: 14 July 2020
Date of publication of reasons: 21 July 2020
Catchwords: PRACTICE AND PROCEDURE – application for leave to file Seventh Further Amended Defence – where proposed amendment concerns matters raised in late evidence – where leave to rely on late evidence previously refused
Cases cited: Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Late Evidence) [2020] FCA 904 Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Second Adjournment) [2020] FCA 987
Date of hearing: 9 July 2020
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 3
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: 14 JULY 2020
THE COURT ORDERS THAT:
1. Paragraph 2 of the Respondents' Interlocutory Application dated 2 July 2020 be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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