15/10/2007 - 14:20

Ericsson/ipernica directions hearing date set

15/10/2007 - 14:20

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The Federal Court of Australia has set November 12 as the date for the directions hearing of the long-running legal battle between West Perth-based intellectual property company ipernica Ltd and Sweden-based Ericsson Inc.

Ericsson/ipernica directions hearing date set

The Federal Court of Australia has set November 12 as the date for the directions hearing of the long-running legal battle between West Perth-based intellectual property company ipernica Ltd and Sweden-based Ericsson Inc.

ipernica, formerly QPSX Ltd, alleges Ericsson has not paid royalties on its use of the company's asynchronous transfer mode technology and segmentation and reassembly licence.

ipernica placed its expected royalites at five per cent of the company's global use of the product in the 2003-04 financial year, and three per cent for every year after that.

The directions hearing will hear proposals for determining specific questions prior to trial, and for splitting the trial into two separate hearings, ipernica said in an announcement.

 

 

The full text of a company announcement is pasted below

ipernica ltd (ASX:IPR) provides the following update in respect of its case against Ericsson and others in the Federal Court of Australia.

The case concerns a licence agreement executed between ipernica (formerly QPSX) and Ericsson which provides for payment by Ericsson of royalties at a rate of 5% on Ericsson's global use of ATM Products for the first year from 1 July 2003 and 3% for subsequent years. The company is seeking damages for breaches of the licence agreement, as well as for misleading and deceptive conduct in contravention of the Trade Practices Act 1974 (Cth).

New date for the directions hearing

In our previous announcement dated 21 September 2007, ipernica advised that a directions hearing to determine certain issues in the case had been set down for 16 October 2007, subject to the availability of counsel. The date of this directions hearing has been changed and the hearing is now set down for 12 November 2007.

Issues to be determined at the directions hearing

At the directions hearing, the parties will be making submissions in respect of the following key issues:

  • proposals for determining specific questions prior to trial, and for splitting the trial into two separate hearings, the first to determine the liability of the parties, and second to determine quantum of damages; and
  • further discovery of documents by the Ericsson companies.

The determination of these issues will have an affect on the structure and timing of the trial of this proceeding.

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