Patents

The Conflict of “Two Tier” Confidential Clubs in view of Principle of Natural Justice and Fair Play

 

 

By Udai Khanna, Associate, AZB and Partners*

The Hon’ble Delhi High Court on December 16, 2020 in the order passed in CS (Comm) 295/2020 titled “Interdigital Technology Corporation v. Xiaomi Corporation” rejected the idea of the constitution of a “two-tier” confidentiality club proposed by Inter Digital Technology Corporation, wherein the parties, as well as their officials, personnel and employees, would have no access to the “inner tier” documents, comprising third-party comparable patent license agreements on FRAND terms, which would only be accessible by advocates (who are not in-house counsel) and experts and instead suggested the terms for constitution of a single-tier confidentiality club.