Glaxo Smith Kline Biologicals v. Novartis, appeal in descriptive seizure proceedings, Brussels Court of Appeal, Belgium, 4 December 2009, Docket No. 2009/KR/269
Disclosure of confidential information in annexes of the report of a descriptive seizure harms the legitimate interest of GSK, since the information is irrelevant to establish infringement.
The risk of use of irrelevant information in the framework of proceedings other than the ones aiming at establishing the infringement, notably in the framework of amending the patent claims, was serious, and likely to harm the legitimate interests of GSK. Suppression of all annexes is therefore justified.
Read the judgment (in French) here.