Dichand v Hydraredox Technologies Holdings Ltd [2018] EWHC 1142 (IPEC) (15 May 2018)

Dichand v Hydraredox Technologies Holdings Ltd [2018] EWHC 1142 (IPEC) (15 May 2018)

The Claimant was not induced by misrepresentation; he knowingly signed the First Assignment, which clearly assigned the patent applications. There was no breach of fiduciary duty, unilateral mistake, or lack of consideration sufficient to void the assignment. The Defendant lawfully holds the patent applications.

Citation
[2018] EWHC 1142 (IPEC)
Parties
Claimant: Michael Dichand; Defendant: Hydraredox Technologies Holdings Limited
Jurisdiction
England and Wales
Judgment Date
15 May 2018
Procedural Posture
Intellectual Property Dispute (ownership of Patent Applications) / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Patent Assignment, Fraudulent Misrepresentation, Unilateral Mistake, Constructive Trust, Fiduciary Duty, Unjust Enrichment, Consideration
Intellectual Property Contract Law Equity Patent Assignment Fraudulent Misrepresentation Unilateral Mistake Constructive Trust Fiduciary Duty +2 more

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Parties

Michael Dichand

Claimant

Hydraredox Technologies Holdings Limited

Defendant

Procedural Posture

Intellectual Property Dispute (ownership of Patent Applications) / Judgment After Trial

Legal Issues

  1. 1 Whether the First Assignment of patent applications was procured by fraudulent misrepresentation
  2. 2 Whether the First Assignment is void due to unilateral mistake or lack of consideration
  3. 3 Whether the Defendant holds the patent applications on constructive trust for the Claimant

Ratio Decidendi

The Claimant was not induced by misrepresentation; he knowingly signed the First Assignment, which clearly assigned the patent applications. There was no breach of fiduciary duty, unilateral mistake, or lack of consideration sufficient to void the assignment. The Defendant lawfully holds the patent applications.

Court Disposition

Claim dismissed