Intellectual Property Enterprise Court
Case Nos: IP-2023-000039 and IP-2023-000132 - [2024] EWHC 2889 (IPEC)
Fecha: 15-Nov-2024
Order of 18 January 2024
Order of 18 January 2024
By a consent order dated 18 January 2024 it was ordered that the CMC in the two claims be heard together. That made sense because there is a good amount of overlap. I was told that the parties have agreed that the actions should be tried together. That may or may not be appropriate given the constraint on court time that may be allotted to an IPEC trial. There is an application by the I-Smart Parties to transfer the claims to the Patents Court. These matters will be dealt with at a joint CMC to be held after the pleadings have been concluded – that has still not fully been done.
- 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