DSM Nutritional Products, LLC v Suntory Holdings Limited [2013] FCA 474

DSM Nutritional Products, LLC v Suntory Holdings Limited [2013] FCA 474

The research and development documents of the respondent are at best of secondary relevance to the issues in the proceeding, do not address the common general knowledge in Australia, have not been sought previously in proceedings before the Commissioner of Patents, and ordering such discovery would be disproportionate given the evidence of difficulties in procuring those documents.

Jurisdiction
Australia
Judgment Date
07 May 2013
Procedural Posture
Application for Discovery / Determination of Discovery Application
Outcome
Application for discovery refused; costs awarded to respondent
Legal Topics
['discovery' 'patent Proceedings']
['civil Procedure'] ['discovery' 'patent Proceedings']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Discovery / Determination of Discovery Application

Legal Issues

  1. 1 ['Whether discovery of the research and development documents of Suntory Holdings Limited should be ordered']

Ratio Decidendi

The research and development documents of the respondent are at best of secondary relevance to the issues in the proceeding, do not address the common general knowledge in Australia, have not been sought previously in proceedings before the Commissioner of Patents, and ordering such discovery would be disproportionate given the evidence of difficulties in procuring those documents.

Court Disposition

Application for discovery refused; costs awarded to respondent

Orders

  • ["The application made by DSM Nutritional Products, LLC for discovery of Suntory Holding Limited's research and development documents is refused." "DMS Nutritional Products, LLC pay Suntory Holding Limited's costs of the application for discovery."]