Baxter Healthcare Corp & Anor v Abbott Laboratories & Anor
The requested disclosure is refused because the documents are not relevant to any identified issue in the action for a declaration of non-infringement, and disclosure of ongoing experimental results is inconvenient and disproportionate.
Source-derived case information.
- Parties
- Claimant: Baxter Healthcare Corporation; Claimant: Baxter Healthcare Limited; Defendant: Abbott Laboratories; Defendant: Central Glass Company Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 06 November 2006
- Procedural Posture
- Civil / Interlocutory Application for Further Disclosure
- Outcome
- application for further disclosure refused
- Legal Topics
- Patent Infringement, Disclosure, Non Infringement Declaration
Source-derived case record
Summary, issues, holding and outcome
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Parties
Baxter Healthcare Corporation
Claimant
Baxter Healthcare Limited
Claimant
Abbott Laboratories
Defendant
Central Glass Company Limited
Defendant
Procedural Posture
Civil / Interlocutory Application for Further Disclosure
Legal Issues
- 1 Whether documents relating to degradation of Baxter sevoflurane in vaporisers are relevant and should be disclosed
- 2 Whether ongoing experimental results should be disclosed before completion
Ratio Decidendi
The requested disclosure is refused because the documents are not relevant to any identified issue in the action for a declaration of non-infringement, and disclosure of ongoing experimental results is inconvenient and disproportionate.
Court Disposition
application for further disclosure refused
Orders
- No order for disclosure of documents relating to degradation of Baxter sevoflurane in vaporisers
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