Mitsubishi Electric Corporation v Archos SA and others

9 October 2020

Michael Conway appeared as junior counsel for the claimant in this hearing of the defendants’ applications to re-designate the confidentiality of documents disclosed in litigation.  The ongoing litigation concerns alleged infringement by the defendants of the claimants’ standard-essential mobile telecommunications patents.

The defendants requested that information disclosed by the claimants to an “Attorney’s Eyes Only” (“AEO”) confidentiality club be re-designated to a wider “Highly Confidential” (“HCM”) confidentiality club, which included named employees of the defendants.  The fifth, sixth and eighth defendants sought re-designation of six documents likely to be necessary for the defendants’ statements of case to be pleaded with the particularity required by the claimants, and also applied to admit to the HCM confidentiality club three employees who were involved in SEP licensing activities. The re-designation of the six documents was allowed subject to undertakings to be given by members of the HCM confidentiality club, but the application to admit the employees to whom the Claimants objected was refused.  The ninth to twelfth defendants’ application, which sought re-designation of all AEO documents, was refused.

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