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High Court rules on application for Mayne Pharma disclosure (Magnesium Elektron v Neo)

High Court rules on application for Mayne Pharma disclosure (Magnesium Elektron v Neo)
Published on: 28 November 2017
Published by: LexisPSL
  • High Court rules on application for Mayne Pharma disclosure (Magnesium Elektron v Neo)
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Article summary

IP analysis: The High Court has ruled on an application for Mayne Pharma disclosure and an application concerning whether permission should be given to conduct testing on certain confidential samples obtained from a process inspection and to admit further experts into a confidentiality club. The applications arose in the context of a patent infringement action concerning a patented method of producing zirconium-cerium-based mixed oxides. The High Court concluded that the disclosure of certain additional classes of document was not contemplated by the order made at the CMC by Birss J, but noted that a more focused application may be appropriate in future. It made an order as to the testing of the starting material and end product samples in the form agreed between the parties but was not prepared to make an order in relation to the testing of certain intermediate samples. It allowed the entry of an additional expert to the confidentiality club, subject to certain restrictions. or take a trial to read the full analysis.

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