Viskase Corporation v Cryovac Inc

Viskase Corporation applied to the Federal Court of Australia for an order compelling Cryovac Inc to produce documents related to the development of a patent, potentially in preparation for a revocation proceeding. The dispute arose from Viskase's intention to market a packaging bag in Australia that might infringe upon Cryovac's patent. The application was brought under O 15A r 6 of the Federal Court Rules, seeking disclosure of documents relating to the invention's development, prior art, and related commercial activities. Cryovac opposed the application, arguing that the documents sought were not relevant to the potential revocation proceedings and that the application was an abuse of process.

The court had to determine whether the documents requested were relevant and necessary for the purpose of deciding whether to commence revocation proceedings and if the application for disclosure was an abuse of process. The court considered the scope of discovery in patent revocation proceedings under s 138 of the Patents Act 1990 and whether the documents sought were discoverable in such proceedings. Additionally, the court examined whether the application was made in good faith or if it constituted an abuse of process.

The court found that the documents requested were not relevant to the potential revocation proceedings, and the application was an abuse of process. The court held that the applicant's request for documents was overly broad and not confined to what was necessary for the limited purpose of deciding whether to commence revocation proceedings. The court dismissed the application and ordered that the applicant pay the respondent's costs of the application.