Motorola, Hytera IP trial rescheduled after COVID-19 delay
Australia’s Federal Court has postponed a patent and copyright infringement trial between Motorola and Hytera due to logistical difficulties posed by the COVID-19 pandemic.
The trial, dealing with whether reprogrammed mobile devices sold by Hytera infringe Motorola’s IP, was scheduled to begin on Monday, May 4.
But late last month, judge Nye Perram of the Federal Court cancelled the proceedings because seven Hytera witnesses were unavailable for cross-examination due to the pandemic.
The Hytera witnesses are based in China and were unable to attend the court due to travel restrictions. Hytera also argued that the Chinese government would have to give its permission for them to be cross examined over videoconference.
That’s because, Hytera argued, under Chinese law, the Australian court taking evidence from the witnesses while they were in Chinese territory would be an exercising of sovereignty by the Australian state.
“This is a very slow process and will certainly not be complete by the time the trial commences on May 4,” Perram said in his ruling postponing the trial.
In an order issued earlier this week, seen by WIPR, Perram has now rescheduled the trial to begin on July 27. A case management hearing was also held earlier today, May 7.
Motorola had wanted the trial to go ahead as planned this week, and told the court that it did not require the seven witnesses for cross-examination.
The telecoms equipment provider also said it planned to submit evidence contradicting that of the seven witnesses, and that it would urge Perram not to admit their testimony.
According to Perram, that meant Hytera would be prejudiced if the witnesses were not given the chance to refute Motorola’s claims through cross-examination.
“Of course, the reverse is also true and Motorola itself potentially suffers the prejudice of being denied the opportunity to expose the witnesses’ explanations as unconvincing,” the judge wrote.
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