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Members of the Confidentiality Club alone shall be entitled to inspect the Confidential Documents / Information.
xxxx xxxx xxxx
e) During recordal of evidence with respect to the
Confidential Documents / Information, only members of the Confidentiality Club shall be allowed to remain present."
7. It is his submission by referring to Annexure F that it is only an external expert, who shall constitute the Confidentiality Club and the expert Dr. Samir Sagitrao, being an internal, not external expert, cannot be part of the Confidentiality Club. In support of his submission, he has relied upon the judgment of this Court in the case of Telefonaktiebolaget LM Ericsson (PUBL) vs. Xiamo Technology & Ors. CS(COMM.) 434/2016 decided on October 24, 2017, wherein this Court acknowledging the disclosure of any document regarding the invention being confidential only allowed access to an advocate or to an independent expert mutually agreed upon.
(iv) The parties i.e. the Plaintiff and the Defendant No.l and Defendant No. 2 will be allowed to inspect said patent license agreements only through the confidentiality club members and no copies will be made of such confidential documents/license agreements. After the inspection, the aforesaid confidential documents/patent license agreements be resealed and again deposited with the Registrar General of this Court;
(vii) The parties would give copies of the aforesaid confidential documents/patent license agreements to the members of the confidentiality club only after redacting the confidential information including the name of the parties. However, the rates/products will not be redacted.
(viii) Any evidence by way of affidavit/witness statement which may contain aforesaid confidential information/terms of the agreement(s) shall be kept in a sealed cover and would only be accessible to the members of confidentiality club. However, a party filing such evidence by way of affidavit would give to the opposite party a copy of such affidavit after redacting the confidential information/ terms of the agreement(s);"
8. He also referred to Telefonaktiebolaget LM Ericsson (PUBL) vs. Lava International Ltd., IA No. 2192/2016 in CS(OS) 764/2015, decided on March 01, 2016, wherein this Court had only permitted Lawyers, who are not in-house Lawyers and two external experts to see the confidential documents / patent license agreements of the other party, by referring to para 14 of the order, which reads as under:-
"14. Under these circumstances, it is directed that within one week, each party is directed to provide on an affidavit, a list of not more than three lawyers (who are not and have not been in-house lawyers of one of the parties) and not more than two external expert witnesses, who alone will be entitled to see the aforesaid confidential documents/patent license agreements. They (members of club) would be bound by confidentiality orders passed by this Court and shall not make copies or disclose the contents of the said aforesaid confidential documents/patent license agreements to anyone else or anywhere else, including in other legal proceedings, oral and written communications to the press, blog publications etc., so that the spirit of the confidentiality regime would be preserved. The inspection can only be done through the confidentiality club members and no copies will be made of such confidential documents/license agreements. After the inspection, the aforesaid confidential documents/patent license agreements be resealed and again deposited with the Registrar General of this Court. It is also made clear that during recordal of evidence with respect to aforesaid confidential documents/patent license agreements etc., only the members of the confidentiality club shall be present. The proceedings of this Court, when the said documents are being looked at, would be in camera to the effect that only the members of the confidentiality club be permitted to be present.