The issues
12. Before the trial the parties helpfully narrowed the issues between them and during the trial they narrowed further. They are as follows: Inventorship(1)What are the inventive concepts disclosed in the PCT Application? (2)Which inventive concept(s) were devised by Mr Kite and which (if any) by Mr Erb? Entitlement (3)Were the inventive concept(s) devised by Mr Kite made in the course of his normal duties as an employee of Netsweeper? (4)In so far as Mr Kite devised the inventive concept(s) after the termination of his employment on 1 September 2010, were the rights to the invention governed by the Ancillary Agreement of 6 January 2009? Breach of confidence (5)What confidential information was disclosed to Netsweeper pursuant to the Confidentiality Agreement of 7 June 2011? (6)Was anything disclosed beyond what had been disclosed in the First and Second Intranet Posts? (7)Have Netsweeper made use of any information so disclosed?
- Introduction
- The reference
- The issues
- The witnesses
- The law
- Right to employees’ inventions.
- Technical background
- The PCT Application
- Claims 1 and 11
- The inventive concepts disclosed in the PCT Application
- The devising of the inventive concepts
- The devisers of the inventive concepts
- Development
- Breach of confidence
- Conclusion