Coflexip SA & Anor v Stolt Comex Seaway MS Ltd & Ors

Coflexip SA & Anor v Stolt Comex Seaway MS Ltd & Ors

Because the claimants have expressly limited their case to exclude reliance on market share prior to 1995, the OFT submissions and related documents are irrelevant to the issues in dispute and disclosure is not required.

Parties
Claimant: Coflexip S.A.; Claimant: Coflexip Stena Offshore Limited; Defendant: Stolt Comex Seaway MS Limited; Defendant: Stolt Comex Seaway Limited; Defendant: Stolt Comex Seaway A/S
Jurisdiction
England and Wales
Judgment Date
05 January 2004
Procedural Posture
Civil / Application for Specific Disclosure
Outcome
Application dismissed
Legal Topics
Patent Infringement, Disclosure of Documents, Market Share Assessment

Case Brief

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Parties

Coflexip S.A.

Claimant

Coflexip Stena Offshore Limited

Claimant

Stolt Comex Seaway MS Limited

Defendant

Stolt Comex Seaway Limited

Defendant

Stolt Comex Seaway A/S

Defendant

Procedural Posture

Civil / Application for Specific Disclosure

  1. 1 Whether the claimants should be ordered to disclose submissions made to the OFT and underlying documents relating to market share prior to 1995.

Ratio Decidendi

Because the claimants have expressly limited their case to exclude reliance on market share prior to 1995, the OFT submissions and related documents are irrelevant to the issues in dispute and disclosure is not required.

Court Disposition

Application dismissed