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Showing posts with the label disclosure

Patents Court Practice - SafeStand Ltd v Weston Homes Plc

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Author Basher  Eyre Licence CC BY-SA 2.0   Source Wikimedia Commons   Jane Lambert Patents Court (Campbell Forsyth)  Safestand Ltd v Weston Homes Plc and others [2023] EWHC 1098 (Pat) (10  May 2023) A fundamental principle of civil litigation in England and Wales is that each party discloses to the other(s) any and all documents in his or her possession, custody or control that relate(s) to an issue in the proceedings.  An important exception is that documents that are prepared for the purpose of litigation do not have to be disclosed because they are protected by legal professional privilege.  The concept of "legal professional privilege" is explained conveniently by this  anonymous article dated 30 Aug 2022 on the Law Society website. Legal Professional Privilege and Experiments In patent proceedings, parties often carry out experiments to prove or disprove facts that may be in issue.  Those experiments are covered by legal professional ...

FRAND - The InterDigital v Lenovo Litigation

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By Nachoman-au - A digital photograph taken by myself., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=589068   Jane Lambert Interdigital Technology Corporation and others v Lenovo Group Ltd and others (Trial B) [2022] EWHC 10 (Pat) (6 Jan 2022) Interdigital Technology Corporation and others v Lenovo Group Ltd and others  [2021] EWHC 3401 (Pat) (16 Dec 2021) Interdigital Technology Corporation and others v Lenovo Group Ltd and others  [2021] EWHC 3192 (Pat) (26 Nov 2021) Interdigital Technology Corporation and another v Lenovo Group Ld Ltd and others [2021] EWHC 2152 (Pat) (29 July 2021) Interdigital Technology Corporation and others v Lenovo Group Ltd and others  [2021] EWHC 89 (Pat) (19 Jan 2021) Mr Justice Birss (as he then was) summarized this litigation in para [1] of the transcript in  Interdigital Technology Corporation and others v Lenovo Group Ltd and others  [2021] EWHC 89 (Pat) (19 Jan 2021)...

Disclosure and Security for Costs - Godo Kaisha IP Bridge 1 v Huawei Technologies Co., Ltd

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Jane Lambert   Patents Court (Mr Justice Mellor)  Godo Kaisha IP Bridge 1 v Huawei Technologies Co., Ltd and others [2021] EWHC 2826 (Pat) (22 Oct 2021) In Disclosure - Anan Kasei Co. Ltd v Neo Chemicals & Oxides (Europe) Ltd   I discussed a case in which Mr Justice Mellor refused to relax restrictions on highly confidential material that had been disclosed for external eyes only ("EEO").  EEO essentially means a party's solicitors and counsel but not the party itself.  In  Godo Kaisha IP Bridge 1 v Huawei Technologies Co., Ltd and others [2021] EWHC 2826 (Pat) (22 Oct 2021), the same judge reached an opposite decision even though he applied the same guidelines. The application for the relaxation of EEO restrictions was one of two applications by Huawei Technologies (UK) Ltd. ("HTUK"), a wholly-owned subsidiary of the Chinese telecommunications equipment giant, Huawei Technologies Co. Ltd. The other application was for an order for the claimant, Godo ...

Disclosure - Anan Kasei Co. Ltd v Neo Chemicals & Oxides (Europe) Ltd

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Ceric Oxide Author  Walkerma  Reproduced with kind permission of the copyright owner C   Jane Lambert Patents Court (Mr Justice Mellor) A nan Kasei Co. Ltd and another  v Neo Chemicals & Oxides (Europe) Ltd and another [2021] EWHC 2825 (Pat) (22 Oct 2021) This was a dispute over the terms on which documents containing confidential information relating to the business of the claimants and to two of their trading partners ("Party A" and "Party B") could be disclosed to the defendants.  Those documents were: I. a single (electronic) document called the corrected Sales CM Report that had hitherto been provided to the defendants on an External Eyes Only (EEO) basis. II. a category of documents comprising the claimants' extended disclosure that had also been supplied to the defendants on an EEO basis. III. a Supply & Purchase Agreement made between the claimants and Party A IV. the Party A Licence Agreement, Amendment #1 to the Supply & Purchase Agr...