Varian Medical Systems AG v Elekta Ltd & Anor

Varian Medical Systems AG v Elekta Ltd & Anor

Defendants must give disclosure relating to acts of infringement notwithstanding service of a Product and Process Description. Category (d) documents need not be disclosed as they are public, but category (e) documents (communications with customers or potential customers) must be disclosed. Costs are awarded at half the claimant's assessed costs, summarily assessed at £66,000.

Parties
Claimant: Varian Medical Systems AG; Defendant: Elekta Limited; Defendant: Elekta Holdings Limited
Jurisdiction
England and Wales
Judgment Date
12 October 2016
Procedural Posture
Patent Litigation / Interlocutory Application for Disclosure
Outcome
Application for disclosure granted in part
Legal Topics
Disclosure, Infringement, Product Description, Case Management, Costs
Intellectual Property Patent Law Disclosure Infringement Product Description Case Management Costs

Case Brief

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Parties

Varian Medical Systems AG

Claimant

Elekta Limited

Defendant

Elekta Holdings Limited

Defendant

Procedural Posture

Patent Litigation / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether the defendants are obliged to give disclosure of documents relating to offers to dispose of an allegedly infringing product
  2. 2 Whether service of a Product and Process Description relieves the defendants of disclosure obligations regarding acts of infringement
  3. 3 Appropriate costs order for the application

Ratio Decidendi

Defendants must give disclosure relating to acts of infringement notwithstanding service of a Product and Process Description. Category (d) documents need not be disclosed as they are public, but category (e) documents (communications with customers or potential customers) must be disclosed. Costs are awarded at half the claimant's assessed costs, summarily assessed at £66,000.

Court Disposition

Application for disclosure granted in part

Orders

  • Claimants to provide further particulars of public statements relied on
  • Defendants to disclose category (e) documents (communications with customers or potential customers) after claimants' particulars are served