Saint-Gobain Adfors SAS v 3M Innovative Properties Company

Saint-Gobain Adfors SAS v 3M Innovative Properties Company

The CT Scan Files were referred to at trial within the meaning of CPR 31.22(1)(a), so SG is not restricted from using them in other proceedings. No order should be made under CPR 31.22(2) to prohibit such use, as 3M did not act promptly, any confidentiality as between the parties has been lost, and 3M's concerns do...

Source-derived case information.

Parties
Claimant: Saint-Gobain ADFORS S.A.S; Defendant: 3M Innovative Properties Company
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Intellectual Property (patents) / Post Trial Applications (cross Applications Regarding Use of Disclosed Documents)
Outcome
SG's application granted; 3M's application dismissed.
Legal Topics
Patent Validity, Confidentiality of Disclosed Documents, Use of Disclosed Documents in Subsequent Proceedings, CPR 31.22
Intellectual Property Law Civil Procedure Patent Validity Confidentiality of Disclosed Documents Use of Disclosed Documents in Subsequent Proceedings CPR 31.22

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Parties

Saint-Gobain ADFORS S.A.S

Claimant

3M Innovative Properties Company

Defendant

Procedural Posture

Civil Intellectual Property (patents) / Post Trial Applications (cross Applications Regarding Use of Disclosed Documents)

Legal Issues

  1. 1 Whether the CT Scan Files were 'referred to' at trial within the meaning of CPR 31.22(1)(a)
  2. 2 Whether an order should be made under CPR 31.22(2) restricting use of the CT Scan Files

Ratio Decidendi

The CT Scan Files were referred to at trial within the meaning of CPR 31.22(1)(a), so SG is not restricted from using them in other proceedings. No order should be made under CPR 31.22(2) to prohibit such use, as 3M did not act promptly, any confidentiality as between the parties has been lost, and 3M's concerns do not amount to very good reasons to override the principle of open justice.

Court Disposition

SG's application granted; 3M's application dismissed.

Orders

  • Declaration that the CT Scan Files were referred to at trial within CPR 31.22(1)(a) and SG's use does not contravene CPR 31.22(1).
  • SG is free to use the CT Scan Files in other proceedings.