Schlumberger Holdings Ltd v Electromagnetic Geoservices AS

Schlumberger Holdings Ltd v Electromagnetic Geoservices AS

Where evidence shows a party has enjoyed and continues to enjoy the consent of subsidiaries to search and copy documents for litigation, those documents are within its control for disclosure purposes. Disclosure orders must be proportionate and limited to relevant categories.

Parties
Claimant: Schlumberger Holdings Limited; Defendant: Electromagnetic Geoservices AS
Jurisdiction
England and Wales
Judgment Date
17 January 2008
Procedural Posture
Patent Revocation / Disclosure Application
Outcome
Disclosure application granted in part
Legal Topics
Patent Obviousness, Disclosure Obligations, Control of Documents, Secondary Evidence
Intellectual Property Civil Procedure Patent Obviousness Disclosure Obligations Control of Documents Secondary Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Schlumberger Holdings Limited

Claimant

Electromagnetic Geoservices AS

Defendant

Procedural Posture

Patent Revocation / Disclosure Application

Legal Issues

  1. 1 Whether documents held by subsidiaries are within the control of the claimant for disclosure purposes
  2. 2 Scope and proportionality of disclosure in patent litigation
  3. 3 Relevance of secondary evidence to obviousness

Ratio Decidendi

Where evidence shows a party has enjoyed and continues to enjoy the consent of subsidiaries to search and copy documents for litigation, those documents are within its control for disclosure purposes. Disclosure orders must be proportionate and limited to relevant categories.

Court Disposition

Disclosure application granted in part

Orders

  • Claimant to prepare a schedule identifying group companies involved in CSEM surveys up to 14 August 2002, supported by a statement of truth, by 31 January 2008.
  • Claimant to disclose documents relating to reactions of senior technical and managerial staff of AGO and WesternGeco to the invention and patent publications up to June 2003.