Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vringo Infrastructure, Inc. v ZTE (Australia) Pty Ltd [2013] FCA 1152 Citation: Vringo Infrastructure, Inc. v ZTE (Australia) Pty Ltd [2013] FCA 1152
Parties: VRINGO INFRASTRUCTURE, INC. v ZTE (AUSTRALIA) PTY LTD (ACN 110 578 428)
File number: NSD 1010 of 2013
Judge: YATES J
Date of judgment: 4 November 2013
Catchwords: PATENTS – application to amend patent – clerical errors introduced into claims in course of earlier application to amend patent
Legislation: Patents Act 1990 (Cth) ss 102, 104, 105
Date of hearing: 4 November 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 6
Counsel for the Applicant: Mr D Shavin QC with Ms CL Cochrane
Solicitor for the Applicant: Allens
Counsel for the Respondent: Mr NR Murray
Solicitor for the Respondent: Davies Collison Cave Law
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1010 of 2013
BETWEEN: VRINGO INFRASTRUCTURE, INC.
Applicant
AND: ZTE (AUSTRALIA) PTY LTD (ACN 110 578 428)
Respondent
JUDGE: YATES J DATE OF ORDER: 4 NOVEMBER 2013 WHERE MADE: SYDNEY
BY CONSENT, THE COURT ORDERS THAT:
1. Under s 105(1) of the Patents Act 1990 (Cth), leave be granted to the applicant to amend Patent No. 2005212893 in accordance with Annexure A to the interlocutory application dated 17 July 2013. 2. The applicant pay the costs of the respondent of and incidental to the interlocutory application. 3. Paragraph 5 of the orders made on 22 August 2013 be vacated. 4. The parties serve any lists of proposed categories of documents for discovery by 25 November 2013. 5. The parties agree on categories of documents for discovery or, to the extent that they do not agree, file any application for discovery in relation to the disputed categories, by 16 December 2013. 6. By 31 March 2014 or 15 weeks after any applications made pursuant to paragraph 5 of these orders are finally determined by the Court, whichever is later, the parties make discovery of all documents in the categories agreed or ordered. 7. Time be extended to the respondent to 18 November 2013 to respond to the applicant's notice to admit dated 28 October 2013. 8. The proceeding be fixed for further directions on a date no earlier than the date for compliance with paragraph 6 of these orders. The parties are to approach the Associate to Yates J for the purpose of fixing the date and time of the next directions hearing. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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