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13-10-24 Australian Apple v. Samsung Court Hearing Transcript

13-10-24 Australian Apple v. Samsung Court Hearing Transcript

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Published by Florian Mueller

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Published by: Florian Mueller on Oct 28, 2013
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11/05/2013

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Exhibit A
Case5:11-cv-01846-LHK Document2595-4 Filed10/25/13 Page1 of 27
 
 
.NSD315/2013 24.10.13R1 P-1©Commonwealth of Australia
AUSCRIPT AUSTRALASIA PTY LIMITED
 
ABN 72 110 028 825
 Level 22, 179 Turbot Street, Brisbane QLD 4000PO Box 13038 George St Post Shop, Brisbane QLD 4003
T:
1800 AUSCRIPT (1800 287 274)
F:
1300 739 037
E:
clientservices@auscript.com.au
W:
www.auscript.com.au
TRANSCRIPT OF PROCEEDINGS
O/N H-263532
FEDERAL COURT OF AUSTRALIANEW SOUTH WALES REGISTRYBENNETT JNo. NSD 315 of 2013SAMSUNG ELECTRONICS COMPANYLIMITED and ANOTHERandAPPLE INCORPORATED and ANOTHERSYDNEY10.33 AM, THURSDAY, 24 OCTOBER 2013DAY 1MR N.J. YOUNG QC appears with MS K. WILLIAMS and MR I.S.WYLIE for the applicantsMR S.C.G. BURLEY SC appears with MR C.A. MOORE SC and MR C.DIMITRIADIS for the respondents
Copyright in Transcript is owned by the Commonwealth of Australia. Apart from any use permitted under theCopyright Act 1968 you are not permitted to reproduce, adapt, re-transmit or distribute the Transcript materialin any form or by any means without seeking prior written approval from the Federal Court of Australia.
 
Case5:11-cv-01846-LHK Document2595-4 Filed10/25/13 Page2 of 27
 
 
.NSD315/2013 24.10.13R1 P-2©Commonwealth of Australia MR YOUNG
MR N.J. YOUNG QC: If your Honour please, I appear with MR I. WYLIE and MSK. WILLIAMS. Ms Williams is here in relation to the confidentiality breach issuesthat are for mention. She has been briefed with Mr Hutley in relation toconfidentiality breach issues.5HER HONOUR: When you say they’re for mention, I think I made it clear incorrespondence that came from my associate that I believe that they are potentiallyintrinsically related to the entire question of whether or not these declarations – andthe extent to which these new affidavits, I should say - - -10MR YOUNG: Yes, I’m going to address the lack of connection betweenconfidentiality issues and the issues that we’re agitating on our motion, but if yourHonour needs further information about what steps have been taken - - -HER HONOUR: It’s more than what steps have been taken. I see the15confidentiality issues as – while initially on the last occasion I took the view that theconfidentiality issues could be put aside to a degree because of the importance of getting the – I hadn’t appreciated the relationship between those issues and the matterbefore me today, because it is a serious matter and I didn’t – when I say “put it aside”I meant deal with it, but not necessarily today. When I had a further look at it I20realised they were more important, it is a matter of great importance and we maywish to enter into a discussion of that and of course it will be up to the parties tomake an application as to whether or not the court is closed in relation to some of those issues. But I do not want there to be any misapprehension that this is atangential matter to today’s application, or a tangential matter to my interest in the25matters today.MR YOUNG: No, I understand that, your Honour, but we apprehended yourHonour may also wish some further information about what steps have been taken.30HER HONOUR: I certainly will.MR YOUNG: And Mr Hutley and Ms Williams have been in charge of that aspectof it.35HER HONOUR: Thanks, Mr Young.MR YOUNG: Hence her presence.HER HONOUR: I understand that. That’s so far for the appearances concerned.40MR YOUNG: Yes, your Honour.HER HONOUR: We’ve made stage 1.45MR YOUNG: Yes, your Honour.
Case5:11-cv-01846-LHK Document2595-4 Filed10/25/13 Page3 of 27

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