Dupont Nutrition Biosciences ApS v Novozymes A/S [2013] EWHC 155 (Pat) (07 February 2013)

Dupont Nutrition Biosciences ApS v Novozymes A/S [2013] EWHC 155 (Pat) (07 February 2013)

The court held that Mann J's order permitted Danisco A/S and Danisco (UK) Limited to use the disclosed documents in inter partes proceedings in Europe, whether in courts or patent offices, relating to the validity and/or infringement (but not ownership) of patent and related rights in the same family as the patent in suit, regardless of whether such proceedings were pending at the time of the order. Privilege in the Luna memo was waived by its disclosure, and there was no basis for restricting its use. The court declined to grant an injunction restraining Novozymes from objecting to the use of documents in foreign proceedings, as there was no specific threat or justification for such...

Citation
[2013] EWHC 155 (Pat)
Parties
Claimant: DuPont Nutrition Biosciences ApS (formerly Danisco A/S); Defendant: Novozymes A/S; Defendant to Counterclaim: Danisco (UK) Limited
Jurisdiction
England and Wales
Judgment Date
07 February 2013
Procedural Posture
Patent Revocation and Related Applications / Post Revocation, Applications Regarding Use of Disclosed Documents and Final Orders
Outcome
Declarations granted in favour of Danisco on use of documents; privilege in Luna memo waived; injunction refused.
Legal Topics
Patent Revocation, Disclosure and Use of Documents, Privilege Waiver, Construction of Judicial Orders, Inter Partes Proceedings, Confidentiality of Disclosed Documents
Intellectual Property Civil Procedure Patent Revocation Disclosure and Use of Documents Privilege Waiver Construction of Judicial Orders Inter Partes Proceedings Confidentiality of Disclosed Documents

Case Brief

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Parties

DuPont Nutrition Biosciences ApS (formerly Danisco A/S)

Claimant

Novozymes A/S

Defendant

Danisco (UK) Limited

Defendant to Counterclaim

Procedural Posture

Patent Revocation and Related Applications / Post Revocation, Applications Regarding Use of Disclosed Documents and Final Orders

Legal Issues

  1. 1 Scope of permission to use disclosed documents in foreign proceedings
  2. 2 Whether permission extends to privileged documents (Luna memo)
  3. 3 Whether injunction should restrain Novozymes from objecting to use of documents abroad

Ratio Decidendi

The court held that Mann J's order permitted Danisco A/S and Danisco (UK) Limited to use the disclosed documents in inter partes proceedings in Europe, whether in courts or patent offices, relating to the validity and/or infringement (but not ownership) of patent and related rights in the same family as the patent in suit, regardless of whether such proceedings were pending at the time of the order. Privilege in the Luna memo was waived by its disclosure, and there was no basis for restricting its use. The court declined to grant an injunction restraining Novozymes from objecting to the use of documents in foreign proceedings, as there was no specific threat or justification for such...

Court Disposition

Declarations granted in favour of Danisco on use of documents; privilege in Luna memo waived; injunction refused.

Orders

  • Declarations that Danisco A/S and Danisco (UK) Limited may use the disclosed documents in inter partes European proceedings (courts or patent offices) relating to validity/infringement of patent family rights, regardless of pendency as of 9 March 2012.
  • Declaration that privilege in the Luna memo is waived and no restriction applies to its use.