Liffe Administration and Management v Pinkava & Anor Rev 1 [2006] EWHC 595 (Pat) (24 March 2006)

Liffe Administration and Management v Pinkava & Anor Rev 1 [2006] EWHC 595 (Pat) (24 March 2006)

Dr Pinkava's inventions were made in the course of his specifically assigned duties relating to the development of exchange-tradable credit derivative products, and the circumstances were such that an invention might reasonably be expected to result from carrying out those duties. Therefore, under s.39(1)(a) Patents Act 1977, the inventions and related US patent applications belong to LIFFE.

Citation
[2006] EWHC 595 (Pat)
Parties
Claimant: LIFFE Administration and Management; First Defendant: Pavel Pinkava; Second Defendant: De Novo Markets Limited
Jurisdiction
England and Wales
Judgment Date
24 March 2006
Procedural Posture
Patents/employment/ownership Dispute / Trial Judgment
Outcome
Judgment for the Claimant
Legal Topics
Employee Inventions, Ownership of Patent Rights, Breach of Contract, Misuse of Confidential Information
Intellectual Property Law Employment Law Employee Inventions Ownership of Patent Rights Breach of Contract Misuse of Confidential Information

Case Brief

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Parties

LIFFE Administration and Management

Claimant

Pavel Pinkava

First Defendant

De Novo Markets Limited

Second Defendant

Procedural Posture

Patents/employment/ownership Dispute / Trial Judgment

Legal Issues

  1. 1 Whether inventions devised by Dr Pinkava during his employment belong to LIFFE under s.39 Patents Act 1977
  2. 2 Whether Dr Pinkava's duties included development of the inventions in question
  3. 3 Whether the inventions were made in the course of normal or specifically assigned duties

Ratio Decidendi

Dr Pinkava's inventions were made in the course of his specifically assigned duties relating to the development of exchange-tradable credit derivative products, and the circumstances were such that an invention might reasonably be expected to result from carrying out those duties. Therefore, under s.39(1)(a) Patents Act 1977, the inventions and related US patent applications belong to LIFFE.

Court Disposition

Judgment for the Claimant

Orders

  • Declarations that LIFFE is the owner of the inventions and the US patent applications
  • Injunctions and ancillary relief as appropriate