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

ISD’s next argument was that the only acts complained of that were done before the date of expiry of the NDA, 22 August 2020, were the applications for the Registered Designs. Everything else must fall away.

Currentbody again complained that there was no mention of this argument in the Application Notice and said that there was nothing anywhere in ISD’s evidence about it.

I doubt that advance warning of this very straightforward point would have much helped Currentbody, but ISD is in breach of CPR 24.5. Further, there is a dispute with regard to the acts done by ISD before the expiry of the NDA which are relevant to the allegation of a breach of the NDA and which will have to be explored. While there is an apparently clear cut-off date of 22 August 2020 for Currentbody’s allegations of breach of the NDA, I see little to be gained by an order now making that plain.