DSM Nutritional Products, LLC v Suntory Holdings Limited

REASONS FOR JUDGMENT 1 The amended application filed on 8 April 2013 by the applicant, DSM Nutritional Products, LLC for discovery of the research and development documents of the respondent Suntory Holding Limited should be refused with costs. 2 The research and development documents of the respondent are at best of secondary relevance to the issues in the proceeding. The documents do not address the common general knowledge in Australia but at best address knowledge in Japan. They have not been sought previously in the detailed proceedings before the Commissioner of Patents. Further, it would be disproportionate to order such discovery in view of the evidence of the difficulties of procuring those documents, which evidence I accept. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.