Case No. IP-2019-000175

”. 8.9.DPA claims that: i)ii)Ms Muller has breached clause 6.1 and 6.2 of the Restrictive Covenants; and iii)Mr D’Aguanno and Ms Muller have breached their contract by failing properly to store, and by removing when they ceased working for DPA, electronic files embodying Claimant Works. 10.In their joint defence, the Defendants denied breach of copyright or breach of contract as alleged, but Mr D’Aguanno admitted that he was in possession of “one copy of some 3D models drawings” belonging to DPA, which he offered to return. He later provided further particulars: that on ceasing to work for DPA he had stored on his personal laptop a 3D model from each of three of DPA’s projects (‘Bullsmoore Lane’, ‘Crawley’ and ‘Four Oaks’) which he later transferred to a pen-drive storage device. In May 2020 he returned that storage device to DPA. He denies that he made any use of those models, which he says he kept only for the purposes of his portfolio. He says he does not have, and has never kept, any other Claimant Works. 11.At a case management conference before His Honour Judge Hacon on 4 March 2020 a number of issues were identified in the Schedule to the Order. Those which remain live are the following: