NIPC Law

Jane Lambert Patents Court (Mr Justice  Mann)    Illumina, Inc. and Another v TDL Genetics Ltd and Others [2019] EWHC 79 (Pat) (22 Jan 2019)   CPR 31.6 requires a party to litigation to disclose to his or her opponent not only the documents on which he or she relies but also the documents which adversely affect his or her own case or that of another party, support the case of another party or any document that he or she is obliged to disclose by a relevant practice direction.  Sometimes such a document contains a trade secret or other confidential information .  When that happens the court is presented with what Lord Justice Buckley called in Warner-Lambert Co. v Glaxo Laboratories Ltd.  [1975] RPC 354, 356 "a balance or conflict of expedients." In that case, the defendant asserted that the documents that the claimant sought to inspect contained "secrets of considerable commercial value".  The learned lord justice continued: ...

Author: Peters Hans/Arnefo Licence Creative Commons Attribution-Share Alike 3.0 Netherlands Source Wikipedia Ice Dance Jane Lambert Court of Appeal (Lord Kitchin, Lord Justices Floyd and Longmore)  Icescape Ltd v Ice-World International BV and Another   : [2018] EWCA Civ 2219 The importance of this case is that it interprets, applies and possibly extends the Supreme Court's judgment in  Eli Lilly v Actavis UK Ltd and Others    [2017] Bus LR 1731, [2017] RPC 21, [2017] UKSC 48 which I discussed in The Supreme Court's Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important   13 July 2017. Summary  This case started as a threats action.  The defence was that the threats were justified because the patent in suit had been infringed. That prompted a claim for a declaration of non-infringement and revocation of that patent to which there was a counterclaim for infringement.  T...