Smith & Nephew Plc v Convatec Technologies Inc & Anor [2014] EWHC 146 (Pat) (31 January 2014)

Smith & Nephew Plc v Convatec Technologies Inc & Anor [2014] EWHC 146 (Pat) (31 January 2014)

Permanent confidentiality orders under CPR r31.22(2) are justified for documents containing Smith & Nephew's manufacturing process, equipment, and commercial strategy, but not for documents relating solely to regulatory dealings unless they also contain such confidential information. Open justice requires that only information whose disclosure would prevent justice be kept confidential.

Citation
[2014] EWHC 146 (Pat)
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 Infringement Action / Post Trial Relief and Costs Determination
Outcome
Permanent confidentiality orders granted in part
Legal Topics
Patent Infringement, Confidentiality Orders, Open Justice, Trade Secrets, Springboard Injunctions
Intellectual Property Civil Procedure Patent Infringement Confidentiality Orders Open Justice Trade Secrets 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 Infringement Action / Post Trial Relief and Costs Determination

Legal Issues

  1. 1 Whether a permanent confidentiality order under CPR r31.22(2) should be made for certain documents disclosed in a patent infringement 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

Permanent confidentiality orders under CPR r31.22(2) are justified for documents containing Smith & Nephew's manufacturing process, equipment, and commercial strategy, but not for documents relating solely to regulatory dealings unless they also contain such confidential information. Open justice requires that only information whose disclosure would prevent justice be kept confidential.

Court Disposition

Permanent confidentiality orders granted in part

Orders

  • Permanent CPR r31.22(2) confidentiality orders made for documents in Group A (manufacturing, process, and commercial strategy information) and other specified documents.
  • No confidentiality order for documents in Group B (regulatory dealings without confidential technical or commercial content).