Coflexip SA & Anor v Stolt Comex Seaway MS Ltd & Ors [2004] EWHC 3 (Ch) (05 January 2004)

Coflexip SA & Anor v Stolt Comex Seaway MS Ltd & Ors [2004] EWHC 3 (Ch) (05 January 2004)

Because the claimants have chosen not to rely on market share prior to 1995 and have excluded such material from evidence, the OFT submissions are irrelevant to the issues in the inquiry and disclosure is not ordered.

Source-derived case information.

Citation
[2004] EWHC 3 (Ch)
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
Patent Infringement / Application for Specific Disclosure
Outcome
application dismissed
Legal Topics
Specific Disclosure, Market Share Assessment, Damages Calculation
Intellectual Property Patents Civil Procedure Specific Disclosure Market Share Assessment Damages Calculation

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Summary, issues, holding and outcome

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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

Patent Infringement / Application for Specific Disclosure

Legal Issues

  1. 1 Whether OFT submissions and underlying documents relating to market share prior to 1995 are relevant to the inquiry for damages.
  2. 2 Whether the claimants' definition of market and market share is appropriate for the inquiry.

Ratio Decidendi

Because the claimants have chosen not to rely on market share prior to 1995 and have excluded such material from evidence, the OFT submissions are irrelevant to the issues in the inquiry and disclosure is not ordered.

Court Disposition

application dismissed

Orders

  • No order for disclosure of OFT submissions or underlying documents.