Bayer Bioscience NV v Deltapine Australia Pty Ltd [2006] FCA 68

Bayer Bioscience NV v Deltapine Australia Pty Ltd [2006] FCA 68

Bayer made out a case for refusing disclosure because Professor Adang was a direct commercial competitor in the field of the Patent, the documents were admitted to be confidential, and disclosure carried a risk of commercial damage that could not be eliminated merely by an undertaking; no substantial injustice would be caused to Deltapine because it proposed to lead evidence from other qualified experts to whom Bayer had consented to disclosure in some cases.

Jurisdiction
Australia
Judgment Date
10 February 2006
Procedural Posture
Patent Infringement Proceeding With Cross Claim Alleging Invalidity / Interlocutory Application Concerning Disclosure of Confidential Discovered Documents to a Proposed Expert Witness
Outcome
Bayer's application upheld; disclosure of Bayer's confidential documents to Professor Adang refused.
Legal Topics
['confidentiality Regime for Discovered Documents' 'disclosure to Expert Witness' 'expert Evidence' 'patent Infringement' 'patent Invalidity Cross Claim']
['patents' 'civil Procedure' 'evidence'] ['confidentiality Regime for Discovered Documents' 'disclosure to Expert Witness' 'expert Evidence' 'patent Infringement' 'patent Invalidity Cross Claim']

Case Brief

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Procedural Posture

Patent Infringement Proceeding With Cross Claim Alleging Invalidity / Interlocutory Application Concerning Disclosure of Confidential Discovered Documents to a Proposed Expert Witness

Legal Issues

  1. 1 ["Whether Bayer's confidential discovered documents designated under the confidentiality regime should be disclosed to Professor Michael Adang, Deltapine's proposed expert witness." 'Whether an undertaking under the confidentiality order was sufficient where the proposed expert was alleged to be a commercial competitor in the field of the Patent.' 'Whether refusing disclosure would cause substantial injustice to Deltapine.']

Ratio Decidendi

Bayer made out a case for refusing disclosure because Professor Adang was a direct commercial competitor in the field of the Patent, the documents were admitted to be confidential, and disclosure carried a risk of commercial damage that could not be eliminated merely by an undertaking; no substantial injustice would be caused to Deltapine because it proposed to lead evidence from other qualified experts to whom Bayer had consented to disclosure in some cases.

Court Disposition

Bayer's application upheld; disclosure of Bayer's confidential documents to Professor Adang refused.

Orders

  • ['The applicant bring in proposed minutes to give effect to these reasons.' 'Bayer is directed to bring in minutes of proposed orders.' 'Deltapine pay the costs of this application.']