Societa Esplosivi Industriali SPA v Ordnance Technologies (UK) Ltd & Ors [2007] EWHC 2875 (Ch) (05 December 2007)

Societa Esplosivi Industriali SPA v Ordnance Technologies (UK) Ltd & Ors [2007] EWHC 2875 (Ch) (05 December 2007)

OTL breached contract with SEI by using Lancer 2 technology in MMM and DMP work without consent, failed to act as sub-contractor, offered expertise to third parties, and infringed SEI's design right in DMP work. No breach found regarding copyright or contractual confidentiality due to lack of specificity and evidence.

Citation
[2007] EWHC 2875 (Ch)
Parties
Claimant: Societa Esplosivi Industriali SpA; First Defendant: Ordnance Technologies (UK) Limited; Second Defendant: Impact Science Limited; Third Defendant: Stephen Keith Cardy
Jurisdiction
England and Wales
Judgment Date
05 December 2007
Procedural Posture
Intellectual Property Dispute / Post Trial Judgment on Adjourned Issues
Outcome
Judgment for Claimant in part
Legal Topics
Design Right, Copyright, Breach of Contract, Confidentiality, Fiduciary Duty
Intellectual Property Contract Equity Design Right Copyright Breach of Contract Confidentiality Fiduciary Duty

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Parties

Societa Esplosivi Industriali SpA

Claimant

Ordnance Technologies (UK) Limited

First Defendant

Impact Science Limited

Second Defendant

Stephen Keith Cardy

Third Defendant

Procedural Posture

Intellectual Property Dispute / Post Trial Judgment on Adjourned Issues

Legal Issues

  1. 1 Whether OTL breached contract with SEI regarding use of Lancer 2 technology in MMM and DMP work
  2. 2 Whether OTL infringed SEI's design right in Lancer 2 warhead
  3. 3 Whether OTL breached copyright and confidentiality obligations

Ratio Decidendi

OTL breached contract with SEI by using Lancer 2 technology in MMM and DMP work without consent, failed to act as sub-contractor, offered expertise to third parties, and infringed SEI's design right in DMP work. No breach found regarding copyright or contractual confidentiality due to lack of specificity and evidence.

Court Disposition

Judgment for Claimant in part

Orders

  • Declaration that OTL breached contract with SEI regarding MMM and DMP work
  • Declaration that OTL infringed SEI's design right in DMP work