TQ Delta LLC v Zyxel Communications UL Ltd and another

Disclosure and inspection of documents – Patent infringement. In the course of a patent infringement claim, concerning technology used to provide fixed line broadband internet to properties, a dispute arose between the parties in respect of the terms of a confidentiality club agreement. The Chancery Division ruled that an external 'eyes only' tier, which enabled a blanket exclusion of access by one of the parties to the relevant parts of key documents, was incompatible with the right to a fair hearing under art 6 of the European Convention on Human Rights, and with the principles of natural justice. Accordingly, the court refused to approve the establishment of an external eyes only confidentiality regime, which the claimant company, TQ Delta LLC, had sought to restrict access to certain licence agreements.

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