Jurisdictions are sometimes categorised as either being those in which discovery (disclosure) of evidence may be extracted by each party from its adversary -- in which case the cost and complexity of the litigation increase -- or those in which discovery is not available. But the fact that disclosure exists does not mean that the court has to order it. In this dispute, which involved a low-tech patent for disposable washing bowls made of paper pulp, the judge summarised the pre-trial case management arrangements thus, at :
"At the case management conference the order made limited the expert evidence to the issues of obviousness and common general knowledge. There was no disclosure. .. There were time limits on the cross-examination. The limit I set was 45 minutes for each side ..."Things did not run quite as smoothly as the judge had hoped, though: with the stiff time limits set, the hearing should have been over by lunch -- but an unexpected fire alarm put paid to that good intention.