Abbott Laboratories Ltd v Medinol Ltd

Abbott Laboratories Ltd v Medinol Ltd

The documents sought are relevant because they may shed light on the factual issue of stent loop expansion and may enable further computational modelling to assist the court. Disclosure is proportionate given the nature of the case, the existence and accessibility of the documents, and the potential for timely...

Source-derived case information.

Parties
Claimant: Abbott Laboratories Limited; Defendant: Medinol Limited
Jurisdiction
England and Wales
Judgment Date
08 September 2010
Procedural Posture
Patent Action / Interlocutory Application for Specific Disclosure
Outcome
Application for specific disclosure granted
Legal Topics
Patent Revocation, Specific Disclosure, Proportionality in Disclosure, Patent Infringement
Intellectual Property Civil Procedure Patent Revocation Specific Disclosure Proportionality in Disclosure Patent Infringement

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Parties

Abbott Laboratories Limited

Claimant

Medinol Limited

Defendant

Procedural Posture

Patent Action / Interlocutory Application for Specific Disclosure

Legal Issues

  1. 1 Whether specific disclosure of finite element analysis models and underlying data should be ordered in a patent dispute
  2. 2 Whether the requested documents are relevant and proportionate to the factual issues in dispute

Ratio Decidendi

The documents sought are relevant because they may shed light on the factual issue of stent loop expansion and may enable further computational modelling to assist the court. Disclosure is proportionate given the nature of the case, the existence and accessibility of the documents, and the potential for timely further experiments and evidence.

Court Disposition

Application for specific disclosure granted

Orders

  • Abbott Laboratories Limited to provide specific disclosure of the finite element vessel stent models of Appendix 7.1(k), records of inputs and conditions applied to the models, and the underlying data for figures 19 and 20 as sought by Medinol Limited.