FEDERAL COURT OF AUSTRALIA

NSI Dental Pty Ltd v University of Melbourne [2006] FCA 1216

CORRIGENDUM

NSI DENTAL PTY LIMITED (ACN 108 218 104) v UNIVERSITY OF MELBOURNE AND RECALDENT PTY LTD (ACN 105 290 006)

NSD 1033 OF 2004

TAMBERLIN J

8 SEPTEMBER 2006

CORRIGENDUM 30 NOVEMBER 2006

SYDNEY

CORRIGENDUM

Amendment to the Reasons for Judgment of Tamberlin J delivered on 8 September 2006.

Paragraph 87 should read:

If Claim 7 is valid, NSI agrees that the parties who have infringed are those who have exploited the three products within the jurisdiction.  In relation to Topacal C-5, this includes NSI and the second and third cross-respondents.  In relation to Dentacal, if infringement is found and the patent is valid, then NSI and Topacal are the infringing parties.  In relation to Phoscal, the relevant parties are NSI, Topacal and the third-cross respondent.  At this point, I do not propose to find and determine who are the relevant parties for the grant of relief, and I will reserve my determination of this question until the parties have an opportunity to consider my reasons and make any further submissions on this question.

I certify that this is a true copy of the

Corrigendum to the Reasons for Judgment

of the Honourable Justice Tamberlin.

Associate:                                                       Dated:             30 November 2006