Case Nos: IP-2023-000039 and IP-2023-000132 - [2024] EWHC 2889 (IPEC)
Fecha: 15-Nov-2024
Heading

IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INTELLECTUAL PROPERTY ENTERPRISE COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Before :
HIS HONOUR JUDGE HACON
Between :
IP-2023-000039
I-SMART DEVELOPMENTS LIMITED | Claimant |
- and - | |
CURRENTBODY.COM LIMITED | Defendant |
And Between:
IP-2023-000132
SHENZHEN KAIYAN MEDICAL EQUIPMENT CO. LTD | Claimant |
- and - | |
(1) I-SMART MARKETING SVCS LIMITED (2) I-SMART DEVELOPMENTS LIMITED (3) SUSAN PATRICIA D’ARCY | Defendants |
Andrew Norris KC (instructed by Shoosmiths LLP) for the Claimant in Case IP-2023-000039and for the Defendants in Case IP-2023-000132
James Abrahams KC and Henry Edwards (instructed by TLT LLP) for the Defendant in Case IP-2023-000039
Chris Aikens(instructed by Fieldfisher LLP) for the Claimant in Case IP-2023-000132
Hearing date: 6 November 2024
Approved Judgment
This judgment was handed down remotely at 10.30am on 15 November 2024 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
.............................
HIS HONOUR JUDGE HACON
Judge Hacon :
Introduction
There is an application in each of two actions to strike out a pleaded case of breach of contract, alternatively for summary judgment.
- Heading
- Background
- The claims
- The Kaiyan Claim
- Order of 18 January 2024
- Strike out / Summary judgment
- The law
- Contractual interpretation
- The NDA
- ISD’s grounds for summary judgment in the ISD Claim
- The Contracts (Rights of Third Parties) Act 1999
- The expiry of the NDA
- Construction of clause 3(1)
- Currentbody’s arguments in the ISD Claim
- The purpose of clause 2(5)
- Generally known
- Discussion
- The arguments in the Kaiyan Claim
- Discussion
- Conclusions