Limited discovery granted in pharmaceutical patent infringement action

By: Mark Tottenham BL

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High Court: (a) makes order for discovery in an action for infringement of a patent for arthritis treatment concerning the decision to use the product for the treatment of chronic lymphocitic leukemia; (b) makes order for discovery as agreed by the plaintiffs concerning a pharmaceutical study; but (c) refuses other discovery sought including 'inventors' notebooks' where the discovery would be burdensome and was sought for a length of time between 14 and 22 years.

Intellectual property - patent - action for infringement - treatment of arthritis - marketing authorisation granted to product - whether new product infringes previous patent - application for discovery - documents concerning conception and development of product - documents concerning decision to use product to treat lyphocytic leukemia - lengthy period of discovery sought (14-22 years) - relevance, necessity and proportionality - corresponding litigation in United Kingdom - "inventor's notebooks" - whether assembly of documentation was burdensome - compromised proceedings - difference between discovery sought in Irish proceedings and in UK proceedings.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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