Nichia Corp v Argos Ltd [2007] EWCA Civ 741 (19 July 2007)

Nichia Corp v Argos Ltd [2007] EWCA Civ 741 (19 July 2007)

Disclosure of inventor's records in patent actions involving straightforward obviousness should not normally be ordered unless proportionate to the value at stake; only standard disclosure is required, and secondary evidence must be kept firmly in its place.

Citation
[2007] EWCA Civ 741
Parties
Claimant/respondent: Nichia Corporation; Defendant/appellant: Argos Limited
Jurisdiction
England and Wales
Judgment Date
19 July 2007
Procedural Posture
Patent Litigation Appeal / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal allowed in part; disclosure to be limited to standard disclosure, not blanket refusal.
Legal Topics
Patent Validity, Disclosure, Obviousness, Inventive Step, Proportionality in Litigation Costs
Intellectual Property Civil Procedure Patent Validity Disclosure Obviousness Inventive Step Proportionality in Litigation Costs

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Parties

Nichia Corporation

Claimant/respondent

Argos Limited

Defendant/appellant

Procedural Posture

Patent Litigation Appeal / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether disclosure of inventor's records should be ordered in patent actions involving obviousness
  2. 2 Appropriate scope of standard disclosure under CPR in patent litigation
  3. 3 Proportionality of disclosure costs relative to value at stake

Ratio Decidendi

Disclosure of inventor's records in patent actions involving straightforward obviousness should not normally be ordered unless proportionate to the value at stake; only standard disclosure is required, and secondary evidence must be kept firmly in its place.

Court Disposition

Appeal allowed in part; disclosure to be limited to standard disclosure, not blanket refusal.

Orders

  • Standard disclosure of any experiments affecting reliability of infringement evidence to be made.
  • No blanket order for disclosure of inventor's records; parties to agree proportionate procedure or return to court if necessary.