Danisco A/S v Novozymes A/S

The factors favoring refusal of a stay (including the advanced stage of UK proceedings, lack of undertakings by Danisco, the value of an English judgment, and the court's ability to resolve technical issues) outweigh those favoring a stay. No special circumstances justify permitting use of disclosed documents in foreign proceedings before the English trial resolves the factual disputes.

Parties: Claimant/applicant: Danisco A/S; Defendant/respondent: Novozymes A/S
Jurisdiction: England and Wales
Judgment Date: 08 December 2011
Procedural Posture: Patent Revocation and Related Applications / Interlocutory Applications (stay of Proceedings and Permission to Use Disclosed Documents)
Outcome: Both applications refused
Legal Topics: Patent Revocation, Stay of Proceedings, Disclosure and Use of Documents, Parallel Proceedings, Patent Infringement, Case Management

Intellectual Property Civil Procedure Patent Revocation Stay of Proceedings Disclosure and Use of Documents Parallel Proceedings Patent Infringement Case Management

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Parties

Danisco A/S

Claimant/applicant

Novozymes A/S

Defendant/respondent

Procedural Posture

Patent Revocation and Related Applications / Interlocutory Applications (stay of Proceedings and Permission to Use Disclosed Documents)

Legal Issues

1 Whether to grant a stay of UK proceedings pending EPO Technical Board of Appeal decision
2 Whether to grant permission to use disclosed documents in parallel foreign proceedings

Ratio Decidendi

Court Disposition

Both applications refused

Orders

Application for stay of proceedings refused
Application for permission to use disclosed documents in foreign proceedings refused