Nichia Corp v Argos Ltd

Nichia Corp v Argos Ltd

The majority held that the judge erred in refusing disclosure as a matter of principle without considering the needs of the particular case. Standard disclosure should be applied, with the scope and proportionality tailored to the circumstances, not by a blanket rule. Documents which adversely affect a party's case or support the other party's case must be disclosed, but the search and disclosure should be proportionate and case-specific.

Parties
Claimant/respondent: Nichia Corporation; Defendant/appellant: Argos Limited
Jurisdiction
England and Wales
Judgment Date
19 July 2007
Procedural Posture
Civil Appeal (patent Infringement/validity) / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal allowed (majority)
Legal Topics
Patent Infringement, Patent Validity, Obviousness, Disclosure (discovery), Proportionality in Litigation
Intellectual Property Law Civil Procedure Patent Infringement Patent Validity Obviousness Disclosure (discovery) Proportionality in Litigation

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Parties

Nichia Corporation

Claimant/respondent

Argos Limited

Defendant/appellant

Procedural Posture

Civil Appeal (patent Infringement/validity) / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether standard disclosure should require the patentee to disclose documents relating to the making of the invention in a straightforward obviousness challenge
  2. 2 Whether proportionality requires limiting or dispensing with such disclosure in patent litigation
  3. 3 Whether experiments conducted by the patentee and not relied upon should be disclosed

Ratio Decidendi

The majority held that the judge erred in refusing disclosure as a matter of principle without considering the needs of the particular case. Standard disclosure should be applied, with the scope and proportionality tailored to the circumstances, not by a blanket rule. Documents which adversely affect a party's case or support the other party's case must be disclosed, but the search and disclosure should be proportionate and case-specific.

Court Disposition

Appeal allowed (majority)

Orders

  • Matter remitted for reconsideration of disclosure in accordance with standard disclosure and proportionality under CPR.
  • Parties to attempt to agree a proportionate approach to disclosure; if not, the trial judge to make a tailored order.