MMI Research Ltd v Cellxion Ltd & Ors [2007] EWHC 2456 (Ch) (24 September 2007)

MMI Research Ltd v Cellxion Ltd & Ors [2007] EWHC 2456 (Ch) (24 September 2007)

Privilege in the English brief was waived by mistaken disclosure, as the mistake was not obvious to a reasonable solicitor and Defendants' solicitors did not appreciate the mistake. Waiver did not extend to privileged annexes. Specific disclosure was ordered only for non-privileged annexes. Broad and unsupported requests for disclosure were refused. Costs were apportioned, with Defendants to pay 50% of Claimant's costs.

Citation
[2007] EWHC 2456 (Ch)
Parties
Claimant: MMI Research Ltd; Defendants: Cellxion Ltd & Ors
Jurisdiction
England and Wales
Judgment Date
24 September 2007
Procedural Posture
Patent Infringement and Validity Proceedings / Disclosure Application and Privilege Waiver Determination
Outcome
Application partially granted and partially refused
Legal Topics
Patent Infringement, Privilege Waiver, Disclosure, Specific Disclosure, Costs
Intellectual Property Civil Procedure Patent Infringement Privilege Waiver Disclosure Specific Disclosure Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MMI Research Ltd

Claimant

Cellxion Ltd & Ors

Defendants

Procedural Posture

Patent Infringement and Validity Proceedings / Disclosure Application and Privilege Waiver Determination

Legal Issues

  1. 1 Whether privilege in a mistakenly disclosed document was waived
  2. 2 Extent of privilege waiver to annexes
  3. 3 Specific disclosure of sales, marketing, and technical documents

Ratio Decidendi

Privilege in the English brief was waived by mistaken disclosure, as the mistake was not obvious to a reasonable solicitor and Defendants' solicitors did not appreciate the mistake. Waiver did not extend to privileged annexes. Specific disclosure was ordered only for non-privileged annexes. Broad and unsupported requests for disclosure were refused. Costs were apportioned, with Defendants to pay 50% of Claimant's costs.

Court Disposition

Application partially granted and partially refused

Orders

  • Defendants permitted to use the English brief
  • Claimant to disclose non-privileged annexes K9 and K10