Mayne Pharma Pty Ltd & Anor v Debiopharm SA & Anor

Service of a notice of experiments in relation to an experiment conducted on the instruction of lawyers for the purposes of litigation waives legal professional privilege in documents relating to workup experiments for the experiment forming the subject matter of the notice.

Parties: Claimant: Mayne Pharma Pty Limited; Claimant: Mayne Pharma PLC; Defendant: Debiopharm SA; Defendant: Sanofi-Synthelabo
Jurisdiction: England and Wales
Judgment Date: 10 February 2006
Procedural Posture: Patent Revocation / Interlocutory Application for Disclosure
Outcome: application allowed
Legal Topics: Disclosure of Experiments, Waiver of Privilege, Anticipation by Inevitable Result

Intellectual Property Patents Disclosure of Experiments Waiver of Privilege Anticipation by Inevitable Result

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Parties

Mayne Pharma Pty Limited

Claimant

Mayne Pharma PLC

Claimant

Debiopharm SA

Defendant

Sanofi-Synthelabo

Defendant

Procedural Posture

Patent Revocation / Interlocutory Application for Disclosure

Legal Issues

1 Whether service of a notice of experiments waives privilege in workup experiments for that experiment
2 Whether disclosure of documents relating to workup experiments should be ordered

Ratio Decidendi

Court Disposition

application allowed

Orders

Legal professional privilege otherwise attaching to documents relating to workup experiments for the experiment in the notice of experiments has been waived by service of the notice of experiments.