Order Entered

No: (P)NSD1243/2011 Federal Court of Australia District Registry: New South Wales Division: General APPLE INC. and another named in the schedule Applicant SAMSUNG ELECTRONICS CO. LIMITED and another named in the schedule Respondent SAMSUNG ELECTRONICS CO. LIMITED and another named in the schedule Cross Claimant APPLE INC. and another named in the schedule Cross Respondent

ORDER
JUDGE: DATE OF ORDER: WHERE MADE: Justice Bennett 14 October 2011 Sydney

UPON the applicants / cross-respondents by their counsel undertaking to the Court to: (a) submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and (b) pay the compensation referred to in (a) to the person there referred to.

THE COURT NOTES THAT: The respondents by their counsel undertake to the Court: 1. Until the determination of this proceeding or further order of the Court discharging this undertaking, without admissions, that the respondents and each of them, by themselves, their servants or agents or otherwise, will not import, promote, offer to supply, supply,

Prepared in the New South Wales District Registry, Federal Court Of Australia, Level 17, Law Courts Building, Queen's Square, SYDNEY NSW 2000, Telephone 02 9230 8567.

offer for sale or sell in Australia, any version of the Galaxy Tablet 10.1 that possesses the feature being the combination as particularised (a) for claim 1; and (b) for claim 7, in the column headed "Description of demonstration of Samsung Galaxy Tab 10.1 - Gallery application" of the claim charts for patent no. 2009208103 attached to the applicants' Statement of Facts and Contentions dated 5 September 2011. 2. Until the determination of this proceeding or further order of the Court discharging this undertaking, without admissions, that the respondents and each of them, by themselves, their servants or agents or otherwise, will not import, promote, offer to supply, supply, offer for sale or sell in Australia, any version of the Galaxy Tablet 10.1 that possesses the feature being the combination as particularised for claim 1 in the column headed "Description of demonstration of Samsung Galaxy Tab 10.1 - Gallery application" of the claim chart for patent no. 2008258177 attached to the applicants' Statement of Facts and Contentions dated 5 September 2011. THE COURT ORDERS THAT: 3. The published reasons exclude part of [47], part of [183], the whole of [186], the whole of [187] and part of [281]. 4. Until the determination of this proceeding or further Order of the Court discharging or varying this Order, the respondents and each of them, by themselves, their servants or agents or otherwise, will not import, promote, offer to supply, supply, offer for sale or sell in Australia the device, examples of which were supplied by the solicitors for the respondents to the solicitors for the applicants on 25 August 2011 (Australian Galaxy Tab 10.1). 5. Until the determination of this proceeding or further order of the Court discharging or varying this Order, the respondents/cross-applicants whether by themselves, their directors, officers, servants, agents or otherwise, be restrained from engaging in the following acts within the patent area (as that term is defined in the Patents Act 1990 (Cth)), without the licence or authority of the applicants/cross-respondents: (a) importing, promoting, offering to supply, supplying, offering for sale or selling any version of a Galaxy Tablet 10.1 device that possesses the feature being the combination as particularised for (a) claim 1; and (b) claim 55, in the column headed "Description of demonstration of Samsung Galaxy Tab 10.1" of the

claim chart for patent no. 2007286532 attached to the applicants' Statement of Facts and Contentions dated 5 September 2011; and (b) importing, promoting, offering to supply, supplying, offering for sale or selling any version of a Galaxy Tablet 10.1 device that includes the touch screen found in the Australia Galaxy Tab 10.1, as depicted in CONFIDENTIAL Annexure YBK-1 to the affidavit of Youngbin Kim sworn on 19 September 2011. 6. The costs of all parties of and incidental to the application for interlocutory relief be reserved. 7. 8. The parties be granted liberty to apply. The matter be stood over to 9:30 a.m. on 1 November 2011 for directions only.

Date that entry is stamped:

Deputy District Registrar

Schedule No: (P)NSD1243/2011 Federal Court Of Australia District Registry: New South Wales Division: General Second Applicant: Second Respondent: Second Cross Claimant: Second Cross Respondent: APPLE PTY LIMITED ACN 002 510 054 SAMSUNG ELECTRONICS AUSTRALIA PTY LIMITED ACN 002 915 648 SAMSUNG ELECTRONICS AUSTRALIA PTY LIMITED ACN 002 915 648 APPLE PTY LIMITED ACN 002 510 054