Les Laboratoires Servier v Apotex Pty Ltd [2009] FCA 1097

Les Laboratoires Servier v Apotex Pty Ltd [2009] FCA 1097

Confidentiality alone does not justify withholding relevant and non-privileged information on discovery; the applicants are entitled to the identity of the third party supplier where relevant to their infringement claim, subject to appropriate confidentiality arrangements.

Jurisdiction
Australia
Judgment Date
29 September 2009
Procedural Posture
Patent Infringement Proceeding / Interlocutory Application Regarding Discovery and Confidentiality
Outcome
Application for disclosure of supplier's identity granted (with confidentiality orders); costs reserved.
Legal Topics
['discovery' 'confidentiality of Documents' 'patent Infringement' 'redacted Documents' 'third Party Confidentiality']
['intellectual Property' 'practice and Procedure'] ['discovery' 'confidentiality of Documents' 'patent Infringement' 'redacted Documents' 'third Party Confidentiality']

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Procedural Posture

Patent Infringement Proceeding / Interlocutory Application Regarding Discovery and Confidentiality

Legal Issues

  1. 1 ['Whether applicants are entitled to access unredacted identifying information of a third-party supplier from discovered documents where such information was redacted for confidentiality reasons' 'Whether the obligation of confidentiality asserted by the respondent or third party supplier justifies withholding information relevant for the proceeding']

Ratio Decidendi

Confidentiality alone does not justify withholding relevant and non-privileged information on discovery; the applicants are entitled to the identity of the third party supplier where relevant to their infringement claim, subject to appropriate confidentiality arrangements.

Court Disposition

Application for disclosure of supplier's identity granted (with confidentiality orders); costs reserved.

Orders

  • ["The first respondent to provide all identifying details relating to the third party supplier or its employees, agents and/or representatives redacted for 'confidentiality' in the specified documents within 7 days." 'The information to be marked as confidential and handled as per the existing confidentiality orders...