Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Lay Opinion Evidence) [2020] FCA 1129 File number: NSD 1283 of 2017
Judge: PERRAM J
Date of judgment: 5 August 2020
Catchwords: EVIDENCE – opinion – whether evidence lay opinion for purposes of s 78 of Evidence Act 1995 (Cth) ('the Act') – whether evidence can be relied upon as evidence of witness's state of mind – relevance under s 55 of the Act
Legislation: Copyright Act 1968 (Cth) s 115(4)(b) Evidence Act 1995 (Cth) ss 55, 76, 78, 79, 136
Cases cited: Makita v Sprowles [2001] NSWCA 305; 52 NSWLR 705 Lithgow City Council v Jackson [2011] HCA 36; 244 CLR 352
Date of hearing: 28 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: 32
Counsel for the Applicant: Mr C A Moore SC with Mr A R Lang and Ms P Arcus
Solicitor for the Applicant: Herbert Smith Freehills
Counsel for the Respondents: Mr C Dimitriadis SC with Mr J Cooke and Mr C Burgess
Solicitor for the Respondents: Shelston IP Lawyers
REASONS FOR JUDGMENT 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
PERRAM J: 1 On 28 July 2020 objection was taken by Motorola to certain parts of the affidavit of Mr Yu Yang dated 1 December 2019 (CB5.05). On 29 July 2020 I informed the parties of the rulings. These are the reasons for those rulings. The rulings are of significance to the flow of the trial. The effect of these reasons is that I will not permit Hytera witnesses to give evidence in a conclusory form about the state of advancement of the Hytera DMR products at the relevant time. They must either give their evidence in the form of an admissible expert opinion or they must say precisely what they saw, heard or perceived.
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