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Order Entered NOT Entered

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 No: (P)NSD1243/2011

ORDER
JUDGE: DATE OF ORDER: WHERE MADE: Justice Bennett 1 August 2011 Sydney

On the usual undertaking as to damages given by the applicants through their counsel, 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, the respondents and each of them, by themselves, their servants or agents or otherwise, without admission of liability will not without the licence of the first applicant, import, promote, offer to supply, supply, offer for sale or sell in Australia the Galaxy Tab 10.1 device the subject of paragraph 3 of the affidavit of Reginald Leones affirmed 28 July 2011. 2. Until the determination of this proceeding or further order of the Court, the respondents will on the provision of suitable confidentiality undertakings, provide to the solicitors for the applicants 3 samples of the version of the Galaxy Tab 10.1 device intended for launch in Australia at least 7 days prior to the date of intended distribution to sales channels for the purpose of review and analysis.

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.

3.

Until the expiration of the 7 day period referred to in paragraph 2 above, without any admission of liability, the respondents and each of them, by themselves their servants or agents will not: (a) (b) (c) (d) (e) advertise; seek expressions of interest from consumers in relation to; sell; authorise or facilitate the advertisement by third parties of; or otherwise supply to consumers,

the device referred to in paragraph 2 above. 4. The respondents will take no point in relation to the timing of any application by the applicants for interlocutory relief from the date of these orders until the expiry of the period referred to in paragraph 2 above. THE COURT ORDERS THAT: 5. 6. 7. The parties be granted liberty to apply. Costs be reserved. The matter be stood over to 9.15am on Monday 29 August 2011 for directions only.

Date that entry is stamped:

Deputy District Registrar

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.

Schedule FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY: NEW SOUTH WALES DIVISION: GENERAL Second Applicant Second Respondent 002 915 648 APPLE PTY LIMITED ACN 002 510 054 SAMSUNG ELECTRONICS AUSTRALIA PTY LIMITED ACN No: (P)NSD1243/2011

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.

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