Arbitron Inc. v Telecontrol Aktiengesellschaft [2006] FCA 1664

Arbitron Inc. v Telecontrol Aktiengesellschaft [2006] FCA 1664

The Court held that Arbitron, to properly instruct its legal advisers, may have its foreign patent attorney access confidential documents to the extent necessary, provided strict undertakings regarding confidentiality are given and enforced, and the number of document copies is limited and controlled in accordance with the detailed regime set out in the orders.

Parties
Applicant: Arbitron Inc; First Respondent: Telecontrol Aktiengesellschaft; Second Respondent: A.C. Nielsen (Holdings) Pty Ltd (ACN 008 417 874)
Jurisdiction
Australia
Judgment Date
22 November 2006
Procedural Posture
Patent Infringement and Revocation Proceedings / Interlocutory Decision Regarding Confidentiality and Inspection Regime
Outcome
Confidentiality regime ordered permitting conditional access to confidential documents for applicant's US patent attorney; further directions reserved.
Legal Topics
Patent Infringement, Patent Validity, Confidentiality Orders, Discovery, Expert Evidence
Intellectual Property Patent Law Patent Infringement Patent Validity Confidentiality Orders Discovery Expert Evidence

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Parties

Arbitron Inc

Applicant

Telecontrol Aktiengesellschaft

First Respondent

A.C. Nielsen (Holdings) Pty Ltd (ACN 008 417 874)

Second Respondent

Procedural Posture

Patent Infringement and Revocation Proceedings / Interlocutory Decision Regarding Confidentiality and Inspection Regime

Legal Issues

  1. 1 Whether confidential documents relating to alleged patent infringement and invalidity may be disclosed to a foreign patent attorney assisting the applicant
  2. 2 How confidentiality of sensitive technical material is to be preserved in complex patent litigation

Ratio Decidendi

The Court held that Arbitron, to properly instruct its legal advisers, may have its foreign patent attorney access confidential documents to the extent necessary, provided strict undertakings regarding confidentiality are given and enforced, and the number of document copies is limited and controlled in accordance with the detailed regime set out in the orders.

Court Disposition

Confidentiality regime ordered permitting conditional access to confidential documents for applicant's US patent attorney; further directions reserved.

Orders

  • Pending further order, confidentiality directions apply to specified documents.
  • Confidential documents and information not to be disclosed except as permitted by the orders.