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Australian PI Order

Australian PI Order

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Published by Matt Macari

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Published by: Matt Macari on Oct 16, 2011
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10/16/2011

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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.
 No: (P)NSD1243/2011Federal Court of Australia
 
District Registry: New South WalesDivision: 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:
Justice Bennett
DATE OF ORDER:
14 October 2011
WHERE MADE:
SydneyUPON 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 undertakingor 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 thisundertaking, 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,
Order Entered
 
 
offer for sale or sell in Australia, any version of the Galaxy Tablet 10.1 that possesses thefeature being the combination as particularised (a) for claim 1; and (b) for claim 7, in thecolumn headed "Description of demonstration of Samsung Galaxy Tab 10.1 - Galleryapplication" 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 thisundertaking, 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 thefeature being the combination as particularised for claim 1 in the column headed"Description of demonstration of Samsung Galaxy Tab 10.1 - Gallery application" of theclaim chart for patent no. 2008258177 attached to the applicants' Statement of Facts andContentions dated 5 September 2011.
THE COURT ORDERS THAT:
 3. The published reasons exclude part of [47], part of [183], the whole of [186], the wholeof [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 therespondents to the solicitors for the applicants on 25 August 2011 (
Australian GalaxyTab 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 thefollowing 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 sellingany version of a Galaxy Tablet 10.1 device that possesses the feature being thecombination as particularised for (a) claim 1; and (b) claim 55, in the columnheaded "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 sellingany version of a Galaxy Tablet 10.1 device that includes the touch screen foundin the Australia Galaxy Tab 10.1, as depicted in CONFIDENTIAL AnnexureYBK-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 bereserved.7. The parties be granted liberty to apply.8. 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 

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