Intellectual Property Enterprise Court
Case Nos: IP-2023-000039 and IP-2023-000132 - [2024] EWHC 2889 (IPEC)
Fecha: 15-Nov-2024
Strike out / Summary judgment
Strike out / Summary judgment
On 27 August 2024 the I-Smart Parties filed an application in each claim seeking an order that certain paragraphs in Currentbody’s and Kaiyan’s pleadings be struck out or alternatively that summary judgment be given in favour of the I-Smart Parties with regard to those paragraphs.
In summary, the I-Smart Parties submit that all the allegations by Currentbody and Kaiyan that the I-Smart Companies have been in breach of the NDA are hopeless and are bound to fail at trial.
- 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