QPX qpsx limited

31 10 06 outcome

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    IN THE FEDERAL COURT OF AUSTRALIA
    WESTERN AUSTRALIA DISTRICT REGISTRY
    No: (P)WAD87/2004



    QPSX LTD
    ACN 083 702 907
    First Applicant

    QPSX COMMUNICATIONS PTY LTD
    ACN 009 230 666
    Second Applicant

    QPSX EUROPE GMBH
    (HRB-NR 133459)
    Third Applicant

    ERICSSON AUSTRALIA PTY LTD
    ACN 004 071 854
    First Respondent

    TELEFONAKTIEBOLAGET LM ERICSSON
    ORGANISATION NO. 556016-0680
    Second Respondent

    LONGREACH GROUP LIMITED
    ACN 006 584 596
    Third Respondent

    LONG REACH NETWORKS PTY LTD
    ACN 104 959 480
    Fourth Respondent

    ORDER

    JUDGE: FRENCH J
    DATE OF ORDER: 31 OCTOBER 2006
    WHERE MADE: PERTH


    THE COURT ORDERS THAT:

    1. The applicants have leave to amend their statement of claim in terms of the minute of proposed further amended statement of claim dated 15 August 2006.
    2. The first and second respondents have leave to amend the defence and to cross claim against the applicants and Mr Matthew Callahan in terms of their proposed amended defence and cross claim.
    3. (a) The applicants are to provide further particulars of the further amended statement of claim as follows:
    (i) as to paragraph 10, particulars of the facts relied upon to support the plea that the method which is the subject of the SAR Patents and the protocol which is the subject of the QP Patents are ?integral parts? of the Distributed Queue Dual Bus Technology and that the Distributed Queue Dual Bus Technology ?is an integral part? of the IEEE 802.6 Standard;
    (ii) as to paragraph 10, particulars of the QM protocol;
    (iii) as to paragraph 11, particulars of the facts relied upon to support the plea that the method which is the subject of the SAR Patent is a ?fundamental element of the ATM protocol?.
    (b) In any expert evidence which they file in the proceedings, the applicants are to identify those aspects relied upon to support the preceding particulars.
    4. The first and second respondents are to file and serve upon the applicants an affidavit verifying:
    (a) the product codes that relate to the products identified in the document entitled ?AAL5 Schedule? which is the annexure marked ?FF4? to the confidential affidavit of Farhad Fozdar sworn on 16 August 2006 and filed on behalf of the applicants in these proceedings;
    (b) all of the product codes that relate to products which comply with ATM Standard AAL5 including products which incorporate such products;
    (c) the summaries of sales revenues for the period 1 July 2003 to 30 June 2006 for all those product codes that relate to products which comply with ATM Standard AAL5 including products which incorporate such products.
    5. The applicants are to file an amended reply to the amended defence and a defence to the amended cross claim.
    6. The first and second respondents are to serve upon Matthew Callahan the amended defence and cross claim together with a copy of the further amended statement of claim.
    7. Liberty to the parties to apply for further discovery in specified categories arising out of the amended pleadings.
    8. The directions hearing is adjourned to 23 November 2006 at 9.30am (WST).
    9. The parties are to endeavour to agree a timetable within seven days to give effect to the above directions and, if agreed, to submit a consent order accordingly.
    10. Costs of the submissions relating to the amendments, particulars and discovery are reserved.


    Date that entry is stamped:


    Deputy District Registrar


 
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