IBM United Kingdom Ltd v LzLabs GmbH & Ors [2023] EWHC 1183 (TCC) (11 May 2023)

IBM United Kingdom Ltd v LzLabs GmbH & Ors [2023] EWHC 1183 (TCC) (11 May 2023)

Court ordered automated transcription and keyword searches of audio/video recordings, restoration and disclosure of backup tapes, removal of limitations on keyword searches for key custodians, and responses to requests for further information on deliberate concealment and technical allegations. Disclosure must be proportionate and focused on relevance. Civil restraint order regarding Neon proceedings was refused as unjustified.

Citation
[2023] EWHC 1183 (TCC)
Parties
Claimant: IBM United Kingdom Limited; Defendant: LzLabs GmbH; Defendant: Winsopia Limited; Defendant: LzLabs Limited; Defendant: Mark Jonathan Cresswell; Defendant: Thilo Rockmann
Jurisdiction
England and Wales
Judgment Date
11 May 2023
Procedural Posture
Commercial Intellectual Property Dispute / Case Management Conference (cmc), Interlocutory Rulings
Outcome
Multiple interlocutory orders granted and refused; directions for disclosure and further information issued.
Legal Topics
Software Reverse Engineering, Disclosure Obligations, Limitation Period, Deliberate Concealment, Confidentiality, Privilege, Civil Restraint Orders
Intellectual Property Contract Law Civil Procedure Software Reverse Engineering Disclosure Obligations Limitation Period Deliberate Concealment Confidentiality +2 more

Case Brief

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Parties

IBM United Kingdom Limited

Claimant

LzLabs GmbH

Defendant

Winsopia Limited

Defendant

LzLabs Limited

Defendant

Mark Jonathan Cresswell

Defendant

Thilo Rockmann

Defendant

Procedural Posture

Commercial Intellectual Property Dispute / Case Management Conference (cmc), Interlocutory Rulings

Legal Issues

  1. 1 Whether defendants reverse engineered IBM mainframe software in breach of licence agreements
  2. 2 Scope and method of disclosure of audio/video recordings and backup tapes
  3. 3 Adequacy of claimant's disclosure regarding IBM Corp and key custodians

Ratio Decidendi

Court ordered automated transcription and keyword searches of audio/video recordings, restoration and disclosure of backup tapes, removal of limitations on keyword searches for key custodians, and responses to requests for further information on deliberate concealment and technical allegations. Disclosure must be proportionate and focused on relevance. Civil restraint order regarding Neon proceedings was refused as unjustified.

Court Disposition

Multiple interlocutory orders granted and refused; directions for disclosure and further information issued.

Orders

  • Defendants to obtain automated transcripts of all audio/video recordings, apply search terms, review for privilege, and disclose responsive documents.
  • Defendants to restore and disclose 35 archived backup tapes as previously ordered.