Con Kafataris & Ors v Cory Davis & Ors [2014] NSWSC 1454

Con Kafataris & Ors v Cory Davis & Ors [2014] NSWSC 1454

The plaintiff did not make a material contribution to the invention described in the PCT application; his input amounted to providing an additional example (blackjack), not a qualitative change to the invention. The information supplied in odds spreadsheets and blackjack rules were based on publicly available data, were freely circulated, and not imparted in circumstances importing an obligation of confidence, so no misuse or breach of confidence was established. No fiduciary relationship existed.

Jurisdiction
Australia
Judgment Date
24 October 2014
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
['inventorship Under Patents Act' 'misuse of Confidential Information' 'fiduciary Relationships' 'patent Law']
['intellectual Property' 'equity'] ['inventorship Under Patents Act' 'misuse of Confidential Information' 'fiduciary Relationships' 'patent Law']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether the plaintiff should be declared to be an inventor under section 15 of the Patents Act 1990 (Cth) for the invention the subject of the PCT application' "Whether there was misuse of the plaintiff's confidential information by the defendants" 'Whether the plaintiff made a material contribution to the final form of the invention' 'Whether information sought to be protected can properly be regarded as confidential' 'Whether the parties were in a fiduciary relationship']

Ratio Decidendi

The plaintiff did not make a material contribution to the invention described in the PCT application; his input amounted to providing an additional example (blackjack), not a qualitative change to the invention. The information supplied in odds spreadsheets and blackjack rules were based on publicly available data, were freely circulated, and not imparted in circumstances importing an obligation of confidence, so no misuse or breach of confidence was established. No fiduciary relationship existed.

Court Disposition

Plaintiff's claim dismissed

Orders

  • ['Plaintiff is not entitled to a declaration as inventor under section 15 of the Patents Act 1990 (Cth) for the invention the subject of the PCT application.' 'Plaintiff is not entitled to a declaration of constructive trust on the basis of a breach of confidence.' 'Parties to prepare short minutes to give effect to...