I-Smart Developments Limited v Currentbody.com Limited

I-Smart Developments Limited v Currentbody.com Limited

The applications to strike out and for summary judgment are dismissed because the claims based on alleged breach of the NDA by Currentbody and Kaiyan are sufficiently arguable and raise factual and legal issues that require investigation at trial. Procedural defects in the applications and the need for a full consideration of the contractual context and factual matrix preclude summary disposal.

Parties
Claimant (ip 2023 000039) / Defendant (ip 2023 000132): I-Smart Developments Limited; Defendant (ip 2023 000039): Currentbody.com Limited; Claimant (ip 2023 000132): Shenzhen Kaiyan Medical Equipment Co. Ltd; Defendant (ip 2023 000132): I-Smart Marketing SVCS Limited; Defendant (ip 2023 000132): Susan Patricia D’Arcy
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Civil (intellectual Property) / Interlocutory Application for Strike Out And/or Summary Judgment
Outcome
Applications to strike out and for summary judgment dismissed
Legal Topics
Breach of Non Disclosure Agreement, Summary Judgment, Strike Out Applications, Registered Designs, Unregistered Design Rights, Third Party Rights Under Contract
Intellectual Property Contract Law Civil Procedure Breach of Non Disclosure Agreement Summary Judgment Strike Out Applications Registered Designs Unregistered Design Rights +1 more

Case Brief

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Parties

I-Smart Developments Limited

Claimant (ip 2023 000039) / Defendant (ip 2023 000132)

Currentbody.com Limited

Defendant (ip 2023 000039)

Shenzhen Kaiyan Medical Equipment Co. Ltd

Claimant (ip 2023 000132)

I-Smart Marketing SVCS Limited

Defendant (ip 2023 000132)

Susan Patricia D’Arcy

Defendant (ip 2023 000132)

Procedural Posture

Civil (intellectual Property) / Interlocutory Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether allegations of breach of NDA by I-Smart Companies are arguable and should proceed to trial
  2. 2 Whether summary judgment or strike out is appropriate regarding breach of NDA claims
  3. 3 Interpretation and effect of NDA clauses, especially 2(5) and 3(1)

Ratio Decidendi

The applications to strike out and for summary judgment are dismissed because the claims based on alleged breach of the NDA by Currentbody and Kaiyan are sufficiently arguable and raise factual and legal issues that require investigation at trial. Procedural defects in the applications and the need for a full consideration of the contractual context and factual matrix preclude summary disposal.

Court Disposition

Applications to strike out and for summary judgment dismissed

Orders

  • Both Currentbody’s and Kaiyan’s cases based on alleged breach of the NDA to proceed to trial
  • No summary judgment or strike out granted on the NDA issues