It's Plenty To Flare-Up A Blood Vessel

Fresh today on BAILII is Dendron GmbH together with others v Regents of the University of California together with Boston Scientific [2004] EWHC 589 (Pat), a Patents Court determination of Mr Justice Laddie.

Background

This illustration concerned UC's patent for exceptional apparatus that could hold upwards used to deploy Guglielmi Detachable Coils accurately (GDCs are used to process aneurysms). Dendron sought revocation of the patent. UC and Boston Scientific counterclaimed for infringement. Opposition proceedings were inwards progress earlier the European Patent Office (EPO) together with at that topographic point were other actions inwards the Netherlands together with Germany. As if this WASN'T enough, Dendron applied to the District Court of the Northern District of California to obtain data which, it said, would help inwards the English, Dutch, High German together with EPO proceedings. The District Court ordered the production of documents which had been disclosed yesteryear a society inwards infringement proceedings (the USC order).

The English linguistic communication proceedings

Dendron sought (i) confirmation that it could purpose textile given pursuant to a asking nether Council Regulation 1206/2001 (which directed the exam together with production of documents yesteryear an private at the University of Freiberg inwards Germany) wherever it liked, including the EPO, Dutch together with High German proceedings; (ii) an equivalent application relating to testimony to hold upwards given inwards courts inwards Alabama; together with (iii) permission for its Dutch together with High German lawyers to run into the documents produced nether the USC order.

UC together with Boston argued disclosure nether the USC lodge was champaign of report to the limited limitation that it was exclusively to hold upwards used for the English linguistic communication proceedings together with that at that topographic point was no reason for allowing the High German together with Dutch lawyers to run into the material.

The decision

Laddie J held that, on residue together with taking all the circumstances into account, it would hold upwards but to let the Freiberg textile to hold upwards used inwards the High German together with Dutch proceedings. However, inwards honor of the USC order, he was non persuaded that at that topographic point was sufficient justification to elevator the restriction on collateral use. Nor was he persuaded that purpose of the Freiberg textile would occasion injustice to the High German together with Dutch proceedings. However, permission to brand such collateral purpose would hold upwards limited to the High German together with Dutch proceedings, since at that topographic point were no exceptional circumstances requiring the courtroom to elevator the restrictions on collateral purpose of documents inwards honor of the USC order.

hopes that 1 solar daytime he'll grow upwards to empathize how jurisdictions without disclosure rules always own hit to resolve their patent disputes.

Aneurisms here, here and here; other isms here, here and here