Nintendo Co Ltd v Centronics Systems Pty Ltd [1994] HCA 27

High Court of Australia Mason C.J., Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Nintendo Co Ltd v Centronics Systems Pty Ltd

ORDER Appeal allowed. Application for leave to cross-appeal refused. Parties to bring in agreed draft minutes of further orders (including orders in respect of costs in accordance with the reasons for judgment) on or before 30 June 1994. If the parties are unable to reach agreement, written submissions as to the appropriate orders to be made to be filed and served by the parties on or before 14 July 1994. Parties to have liberty to file and serve written submissions in reply on or before 28 July 1994. The proceedings stood over to a date to be fixed.

1. The appeal be and the same is hereby allowed;

2. That the application for leave to cross appeal be and the same is hereby refused.

3. The respondents and each of them be restrained from —

(a) selling, letting for hire or distributing by way of trade;

(b) offering or exposing for sale, hire or other distribution by way of trade;

(c) importing for the purpose of sale, letting for hire or other distribution by way of trade;

whether as part of Spica video game consoles or otherwise, PPU chips in the form of the UMC PPU chip a photographic representation of the integrated circuit of which is Exhibit TR-1 herein or otherwise howsoever infringing the applicant's EL rights in the circuit layout a photographic representation of which is Exhibit TR-2 herein.

4. The respondents within twenty one days of the date hereof:

(a) deliver up to the applicant each of the UMC PPU chips referred to in paragraph 3 hereof which are in the possession or control of any of the respondents; and

(b) make file and serve an affidavit verifying that all such UMC PPU chips have been delivered up as aforesaid; and

5. The respondents pay the appellant's costs of the proceedings (including any reserved costs) at first instance and before the full Federal Court.