Analysis of Confidentiality Clubs – Meaning, Purpose and its Importance in Litigation Pertaining to Standard Essential Patents

A confidentiality club, as the name suggests, consists of a group of people having access to confidential information and data to the exclusion of others. It is a tool used by the Courts which sets up a club of usually advocates and external experts who have access to the confidential documents of the party which requests establishing such a club. Setting up of confidentiality clubs is an exception to the general rule of recordal of evidence in a legal proceeding in open court, all parties having access to the evidence, documents and information presented to the Court.