EC Medica Group UK Ltd & Ors v Dearnley-Davison & Ors [2018] EWHC 1952 (Ch) (27 July 2018)

EC Medica Group UK Ltd & Ors v Dearnley-Davison & Ors [2018] EWHC 1952 (Ch) (27 July 2018)

The court found that Mr Berman was not employed under an overarching contract of employment but as a casual worker, so duties of fidelity did not extend beyond days worked. There was no sufficient evidence that the defendants copied or misused the CL10.3 design files or sales data. However, Mr Dearnley-Davison misused EC Medica's confidential information by using a design drawing for the box-type cushion, created during Mr Berman's working hours at EC Medica, for the purposes of CS Medical. The claim for infringement of UK unregistered design rights failed. The counterclaim for unjustified threats failed as the threats were not actionable under the circumstances.

Citation
[2018] EWHC 1952 (Ch)
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
Intellectual Property/chancery / First Instance Judgment After Trial
Outcome
Claim for misuse of confidential information in relation to the box-type cushion succeeds against Mr Dearnley-Davison; all other claims and counterclaims dismissed.
Legal Topics
Unregistered Design Rights, Misuse of Confidential Information, Employee Duties of Fidelity, Employment Status, Unjustified Threats
Intellectual Property Employment Law Confidential Information Unregistered Design Rights Misuse of Confidential Information Employee Duties of Fidelity Employment Status Unjustified Threats

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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

Intellectual Property/chancery / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether defendants misused claimants' confidential information
  2. 2 Whether defendants infringed UK unregistered design rights
  3. 3 Whether Mr Berman was employed under an overarching contract of employment

Ratio Decidendi

The court found that Mr Berman was not employed under an overarching contract of employment but as a casual worker, so duties of fidelity did not extend beyond days worked. There was no sufficient evidence that the defendants copied or misused the CL10.3 design files or sales data. However, Mr Dearnley-Davison misused EC Medica's confidential information by using a design drawing for the box-type cushion, created during Mr Berman's working hours at EC Medica, for the purposes of CS Medical. The claim for infringement of UK unregistered design rights failed. The counterclaim for unjustified threats failed as the threats were not actionable under the circumstances.

Court Disposition

Claim for misuse of confidential information in relation to the box-type cushion succeeds against Mr Dearnley-Davison; all other claims and counterclaims dismissed.

Orders

  • Declaration of misuse of confidential information by Mr Dearnley-Davison regarding box-type cushion design
  • All other claims and counterclaims dismissed