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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Oxford Gene Technology Ltd v Affymetrix Inc & Anor [2001] EWCA Civ 77 (30 January 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/77.html Cite as: [2001] EWCA Civ 77 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CHANCERY DIVISION
MR JUSTICE JACOB
Royal Courts of Justice Strand, London, WC2A 2LL Tuesday 30th January 2001 |
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B e f o r e :
LORD JUSTICE BROOKE
and
LORD JUSTICE SEDLEY
____________________
(1) OXFORD GENE TECHNOLOGY LTD | ||
(Claimant/Respondent) | ||
and | ||
AFFYMETRIX INC | ||
AFFYMETRIX UK LTD | ||
BECKMAN COULTER INC | ||
(Defendants/Appellants) |
____________________
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
D. Mackie QC and T. Fancourt (instructed by Allen & Overy for the Appellants/Third Defendants)
A. Wilson QC and Miss T. Holman (instructed by Manches for the Respondent/Claimant
____________________
Crown Copyright ©
LORD JUSTICE ALDOUS:
The Background
The Fresh Evidence
The Ruling
(1) The evidence would not have been admitted. Upon a proper construction of the licence agreement it was irrelevant.(2) Affymetrix were aware of the existence of the first category of documents prior to the trial and could have obtained an order for inspection if they had sought one. Thus with appropriate diligence the evidence produced by the documents could have been made available to the judge. That was a substantial factor indicating refusal of admission as admission would probably have required the proceedings to be remitted back to the judge.
(3) The second category of documents are not of sufficient relevance as to be admitted in this Court.
(4) There was no need to attend Court to make submissions when judgment was handed down in case number 2000/2749 as the procedure adopted makes clear.
LORD JUSTICE BROOKE:
LORD JUSTICE SEDLEY: