Dendron GmbH & Ors v Regents of the University of California & Anor

Dendron GmbH & Ors v Regents of the University of California & Anor

Evidence obtained under letters of request and disclosure in these proceedings is subject to an implied restriction on collateral use. Such evidence may only be used in foreign proceedings with the court's permission. The court granted permission for the use of Professors Schumacher's and Horton's evidence in the Dutch and German proceedings, but not for use before the EPO. The court refused to lift the restriction on collateral use of the Defendants' disclosure documents for the Dutch and German proceedings, finding no special circumstances to justify such release.

Parties
Claimant: DENDRON GmbH; Claimant: ev3 LIMITED; Claimant: ev3 INTERNATIONAL, INC.; Claimant: ev3, INC.; Claimant: MICRO THERAPEUTICS, INC.; Defendant/part 20 Claimant: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA; Second Part 20 Claimant: BOSTON SCIENTIFIC LIMITED
Jurisdiction
England and Wales
Judgment Date
23 March 2004
Procedural Posture
Patent Revocation and Infringement / Interlocutory Application Prior to Trial
Outcome
Partially allowed
Legal Topics
Patent Revocation, Patent Infringement, Prior Use, Disclosure and Confidentiality, Collateral Use of Evidence, Letters of Request, International Judicial Cooperation
Intellectual Property Civil Procedure Patent Revocation Patent Infringement Prior Use Disclosure and Confidentiality Collateral Use of Evidence Letters of Request +1 more

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Parties

DENDRON GmbH

Claimant

ev3 LIMITED

Claimant

ev3 INTERNATIONAL, INC.

Claimant

ev3, INC.

Claimant

MICRO THERAPEUTICS, INC.

Claimant

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

Defendant/part 20 Claimant

BOSTON SCIENTIFIC LIMITED

Second Part 20 Claimant

Procedural Posture

Patent Revocation and Infringement / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 Whether evidence obtained under letters of request can be used in foreign proceedings beyond the English litigation
  2. 2 Whether there is an automatic restriction on collateral use of such evidence under the Regulation or common law
  3. 3 Whether the court should exercise discretion to permit collateral use of evidence and disclosure documents in foreign proceedings

Ratio Decidendi

Evidence obtained under letters of request and disclosure in these proceedings is subject to an implied restriction on collateral use. Such evidence may only be used in foreign proceedings with the court's permission. The court granted permission for the use of Professors Schumacher's and Horton's evidence in the Dutch and German proceedings, but not for use before the EPO. The court refused to lift the restriction on collateral use of the Defendants' disclosure documents for the Dutch and German proceedings, finding no special circumstances to justify such release.

Court Disposition

Partially allowed

Orders

  • Permission granted for use of Professors Schumacher's and Horton's evidence in Dutch and German proceedings.
  • Permission refused for use of such evidence in EPO proceedings.