DIAGCOR BIOSCIENCE INCORPORATED LTD v. CHAN WAI HON BILLY AND OTHERS

DIAGCOR BIOSCIENCE INCORPORATED LTD v. CHAN WAI HON BILLY AND OTHERS

Court ordered discovery of specified classes essential to test plaintiff's allegation of copying (classes 1(ii)–(v), 2, 3, 4–6 as modified and class 9 as modified), rejected staged/expert-only inspection proposals, required formation of a confidentiality club with written undertakings (including undertaking as to damages), dismissed the plaintiff's proposed unless order, and granted a split trial on liability and quantum.

Citation
DIAGCOR BIOSCIENCE INCORPORATED LTD v. CHAN WAI HON BILLY AND OTHERS
Parties
9th Defendant: ACECGT DIAGNOSTIC LIMITED; 10th Defendant: ACECGT LIFE SCIENCE LIMITED; 11th Defendant: DNA LABORATORY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2015
Case Number
HCA2107/2012
Procedural Posture
Civil: Breach of Confidence; Copyright Infringement; Breach of Contract; Procurement; Conspiracy / Interim Pre Trial Applications for Specific Discovery, Confidentiality Undertakings and Order for Split Trial on Liability and Quantum
Outcome
Application partly granted: specified discovery ordered; confidentiality undertakings required; proposed unless order dismissed; split trial ordered on liability and quantum.
Legal Topics
Specific Discovery, Confidentiality Club, Undertaking as to Confidentiality and Damages, Split Trial (liability and Quantum), Relevance and Necessity of Documents
Source Language
EN
Intellectual Property Contract Civil Procedure Confidential Information Competition/trade Secrets Specific Discovery Confidentiality Club Undertaking as to Confidentiality and Damages +2 more

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Parties

ACECGT DIAGNOSTIC LIMITED

9th Defendant

ACECGT LIFE SCIENCE LIMITED

10th Defendant

DNA LABORATORY LIMITED

11th Defendant

Procedural Posture

Civil: Breach of Confidence; Copyright Infringement; Breach of Contract; Procurement; Conspiracy / Interim Pre Trial Applications for Specific Discovery, Confidentiality Undertakings and Order for Split Trial on Liability and Quantum

Legal Issues

  1. 1 Whether specified classes of documents are in defendants' possession, custody or power and are relevant and necessary for fair disposal
  2. 2 Whether trade secrets/confidential information should be protected while permitting discovery
  3. 3 Appropriate mode of disclosure to protect confidential information

Ratio Decidendi

Court ordered discovery of specified classes essential to test plaintiff's allegation of copying (classes 1(ii)–(v), 2, 3, 4–6 as modified and class 9 as modified), rejected staged/expert-only inspection proposals, required formation of a confidentiality club with written undertakings (including undertaking as to damages), dismissed the plaintiff's proposed unless order, and granted a split trial on liability and quantum.

Court Disposition

Application partly granted: specified discovery ordered; confidentiality undertakings required; proposed unless order dismissed; split trial ordered on liability and quantum.

Orders

  • Defendants to file and serve affidavit by 21 September 2015 stating whether classes 1(ii)-(v), 2, 3, 4-6 (modified) and 9 (modified) have ever been in their possession, custody or power and, if not, when and what became of them
  • Disclosure of classes 1(ii)-(v), 2, 3, 4-6 (as modified) and 9 (as modified) for plaintiff's inspection within 24 hours of filing the affidavit