Baxter Healthcare Corp & Anor v Abbott Laboratories & Anor

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
Intellectual Property Civil Procedure Patent Infringement Disclosure Non Infringement Declaration

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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

  1. 1 Whether documents relating to degradation of Baxter sevoflurane in vaporisers are relevant and should be disclosed
  2. 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