Varian Medical Systems AG v Elekta Ltd & Anor [2016] EWHC 2679 (Pat) (12 October 2016)

Varian Medical Systems AG v Elekta Ltd & Anor [2016] EWHC 2679 (Pat) (12 October 2016)

Defendants are not relieved from disclosure obligations regarding acts of infringement by serving a Product and Process Description; disclosure of non-public communications with customers (category e) is ordered; no disclosure is required for public domain documents (category d); costs are awarded to reflect partial success and cooperation.

Citation
[2016] EWHC 2679 (Pat)
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 Infringement / Interlocutory Application for Disclosure
Outcome
Application granted in part
Legal Topics
Disclosure Obligations, Patent Infringement, Product and Process Description, Case Management Costs
Intellectual Property Patent Law Disclosure Obligations Patent Infringement Product and Process Description Case Management Costs

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Parties

Varian Medical Systems AG

Claimant

Elekta Limited

Defendant

Elekta Holdings Limited

Defendant

Procedural Posture

Patent Infringement / Interlocutory Application for Disclosure

Legal Issues

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

Ratio Decidendi

Defendants are not relieved from disclosure obligations regarding acts of infringement by serving a Product and Process Description; disclosure of non-public communications with customers (category e) is ordered; no disclosure is required for public domain documents (category d); costs are awarded to reflect partial success and cooperation.

Court Disposition

Application granted in part

Orders

  • Claimants to provide further particulars of public statements relied upon.
  • Defendants to disclose documents in category (e) (non-public communications with customers) after claimants' further particulars are served.