Liffe Administration and Management v Pinkava & Anor

Liffe Administration and Management v Pinkava & Anor

The inventions were made in the course of Dr Pinkava's normal duties, which had evolved to include the development of exchange tradable credit derivatives, and in circumstances where an invention might reasonably be expected to result from carrying out those duties. Therefore, under s.39 Patents Act 1977, ownership of the inventions belongs to LIFFE.

Parties
Respondent/claimant: LIFFE Administration and Management; Appellant/defendant: Pavel Pinkava; Appellant/defendant: De Novo Markets Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2007
Procedural Posture
Civil Appeal / Appeal From Chancery Division (patents Court) to Court of Appeal
Outcome
Appeal dismissed. Ownership of the inventions declared to be vested in LIFFE.
Legal Topics
Employee Inventions, Ownership of Inventions, Patent Rights, Employment Duties, Reasonable Expectation of Invention
Intellectual Property Law Employment Law Employee Inventions Ownership of Inventions Patent Rights Employment Duties Reasonable Expectation of Invention

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Parties

LIFFE Administration and Management

Respondent/claimant

Pavel Pinkava

Appellant/defendant

De Novo Markets Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Chancery Division (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether Dr Pinkava's inventions were made in the course of his normal or specifically assigned duties under s.39 Patents Act 1977
  2. 2 Whether the circumstances were such that an invention might reasonably be expected to result from carrying out those duties
  3. 3 Whether LIFFE or Dr Pinkava is entitled to ownership of the inventions

Ratio Decidendi

The inventions were made in the course of Dr Pinkava's normal duties, which had evolved to include the development of exchange tradable credit derivatives, and in circumstances where an invention might reasonably be expected to result from carrying out those duties. Therefore, under s.39 Patents Act 1977, ownership of the inventions belongs to LIFFE.

Court Disposition

Appeal dismissed. Ownership of the inventions declared to be vested in LIFFE.

Orders

  • Appeal dismissed
  • Declaration that LIFFE is the owner of the inventions disclosed and claimed in the four US Patent Applications