Confidentiality Clubs - Illumina v TDI Genetics
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: ...