Smith & Nephew Plc v Convatec Technologies Inc & Anor

Smith & Nephew Plc v Convatec Technologies Inc & Anor

A permanent confidentiality order under CPR r31.22(2) is justified only for documents containing sufficiently commercially valuable and secret information, such as technical manufacturing processes and commercial strategy, but not for documents merely relating to regulatory dealings unless they also contain such information. Open justice requires that confidentiality be maintained only where strictly necessary to do justice.

Parties
Claimant: Smith & Nephew PLC; Defendant: Convatec Technologies Inc.; Third Party: T. J. Smith & Nephew Ltd; Third Party: Smith & Nephew Medical Ltd
Jurisdiction
England and Wales
Judgment Date
31 January 2014
Procedural Posture
Patent Action / Post Trial Relief and Costs Hearing
Outcome
Permanent confidentiality order granted in part
Legal Topics
Confidentiality of Documents, Patent Infringement, Open Justice, Springboard Injunctions
Intellectual Property Civil Procedure Confidentiality of Documents Patent Infringement Open Justice Springboard Injunctions

Case Brief

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Parties

Smith & Nephew PLC

Claimant

Convatec Technologies Inc.

Defendant

T. J. Smith & Nephew Ltd

Third Party

Smith & Nephew Medical Ltd

Third Party

Procedural Posture

Patent Action / Post Trial Relief and Costs Hearing

Legal Issues

  1. 1 Whether a permanent confidentiality order under CPR r31.22(2) should be made for certain documents disclosed during a patent trial
  2. 2 Whether documents relating to regulatory dealings and commercial strategy warrant confidentiality protection
  3. 3 Application of open justice principles to confidential technical and commercial information

Ratio Decidendi

A permanent confidentiality order under CPR r31.22(2) is justified only for documents containing sufficiently commercially valuable and secret information, such as technical manufacturing processes and commercial strategy, but not for documents merely relating to regulatory dealings unless they also contain such information. Open justice requires that confidentiality be maintained only where strictly necessary to do justice.

Court Disposition

Permanent confidentiality order granted in part

Orders

  • Permanent r31.22(2) order made for documents in Group A (as specified in the judgment)
  • No permanent r31.22(2) order for documents in Group B (as specified in the judgment)