Dupont Nutrition Biosciences ApS v Novozymes A/S

Dupont Nutrition Biosciences ApS v Novozymes A/S

Permission granted by Mann J's order extends to use of disclosed documents by Danisco A/S and Danisco (UK) Limited in inter partes proceedings in Europe relating to validity and infringement of patent family rights, whether or not pending at the date of the order, but does not extend to entitlement actions, patent...

Source-derived case information.

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 / Final Order and Applications After Revocation
Outcome
Declarations granted clarifying scope of permission; injunction refused; privilege in Luna memo waived.
Legal Topics
Patent Revocation, Disclosure and Use of Documents, Privilege, Construction of Judicial Orders, Inter Partes Proceedings
Intellectual Property Civil Procedure Patent Revocation Disclosure and Use of Documents Privilege Construction of Judicial Orders Inter Partes Proceedings

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Summary, issues, holding and outcome

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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 / Final Order and Applications After Revocation

Legal Issues

  1. 1 Scope of permission to use disclosed documents in foreign proceedings
  2. 2 Whether permission extends to privileged documents
  3. 3 Whether injunction should restrain objections to document use

Ratio Decidendi

Permission granted by Mann J's order extends to use of disclosed documents by Danisco A/S and Danisco (UK) Limited in inter partes proceedings in Europe relating to validity and infringement of patent family rights, whether or not pending at the date of the order, but does not extend to entitlement actions, patent office prosecution (third party observations), or use by group companies; privilege in the Luna memo was waived by disclosure for general purposes.

Court Disposition

Declarations granted clarifying scope of permission; injunction refused; privilege in Luna memo waived.

Orders

  • Declarations that Danisco A/S and Danisco (UK) Limited may use disclosed documents in inter partes proceedings in Europe relating to validity and/or infringement of patent family rights, whether or not pending at the date of Mann J's order.
  • Privilege in Luna memo waived; no restriction on its use.