Case No. IP-2017-000169

13.Mr Kite and Mr Erb were both cross-examined, as was Lou Erdelyi, Chief Technology Officer of Netsweeper. I found all three to be good witnesses. I think Mr Cuddigan was right to point out that Mr Kite’s position as to when he devised an inventive concept changed during the course of these proceedings from a date after his employment by Netsweeper to a date during that employment. This was a significant shift and Mr Kite acknowledged it to be so during cross-examination. Fairly, in my view, Mr Cuddigan did not ask me to infer from this change of position that Mr Kite was to be treated as an unreliable witness. I do not believe he was, although it cast some doubt over the accuracy of Mr Kite’s memory about dates. 14.There was a witness statement from Matthew Holt, who sold Netsweeper products in the UK and introduced Mr Kite to Netsweeper as a prospective employee. Mr Holt’s evidenced was not challenged.