EC Medica Group UK Ltd & Ors v Dearnley-Davison & Ors

EC Medica Group UK Ltd & Ors v Dearnley-Davison & Ors

The court found that Mr Berman was not employed under an overarching contract but as a casual worker, so only work done during paid working days belonged to EC Medica. There was insufficient evidence of copying the CL10.3 design or misuse of the IP_SALBD file. However, Mr Dearnley-Davison misused confidential information by sending the 3 September 2015 box-type cushion design to Rocon, and both he and Mr Berman breached duties of fidelity by working on the box-type and 'Allen' face cushions for CS Medical during EC Medica working hours. The Claimants and Mr Bennetts made unjustified threats in the 21 June 2016 email, and the Claimants in the 15 June 2016 letter.

Parties
Claimant: EC Medica Group UK Limited; Claimant: EC Medica Manufacturing Limited; Claimant: Medical Devices Limited; Claimant: E C Rep Limited; Defendant: Christopher Dearnley-Davison; Defendant: Christopher Garrett; Defendant: Saul Berman; Defendant: CS Medical Limited; Part 20 Defendant: Paul Shane Bennetts
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Civil Intellectual Property / Judgment After Trial
Outcome
Partially allowed for Claimants; Counterclaim allowed for Defendants
Legal Topics
Misuse of Confidential Information, Breach of Duty of Fidelity, Design Right Ownership, Design Right Infringement, Unjustified Threats
Intellectual Property Employment Law Civil Procedure Misuse of Confidential Information Breach of Duty of Fidelity Design Right Ownership Design Right Infringement Unjustified Threats

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 5 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

EC Medica Group UK Limited

Claimant

EC Medica Manufacturing Limited

Claimant

Medical Devices Limited

Claimant

E C Rep Limited

Claimant

Christopher Dearnley-Davison

Defendant

Christopher Garrett

Defendant

Saul Berman

Defendant

CS Medical Limited

Defendant

Paul Shane Bennetts

Part 20 Defendant

Procedural Posture

Civil Intellectual Property / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants misused EC Medica’s confidential information
  2. 2 Whether the Defendants breached duties of fidelity to EC Medica
  3. 3 Whether EC Medica is entitled to design rights in products designed by Mr Berman

Ratio Decidendi

The court found that Mr Berman was not employed under an overarching contract but as a casual worker, so only work done during paid working days belonged to EC Medica. There was insufficient evidence of copying the CL10.3 design or misuse of the IP_SALBD file. However, Mr Dearnley-Davison misused confidential information by sending the 3 September 2015 box-type cushion design to Rocon, and both he and Mr Berman breached duties of fidelity by working on the box-type and 'Allen' face cushions for CS Medical during EC Medica working hours. The Claimants and Mr Bennetts made unjustified threats in the 21 June 2016 email, and the Claimants in the 15 June 2016 letter.

Court Disposition

Partially allowed for Claimants; Counterclaim allowed for Defendants

Orders

  • Declaration of misuse of confidential information by Mr Dearnley-Davison regarding the 3 September 2015 box-type cushion design
  • Declaration of breach of duty of fidelity by Mr Dearnley-Davison and Mr Berman regarding the box-type and 'Allen' face cushions during EC Medica working hours