Celgard, LLC v Shenzhen Senior Technology Material Co Ltd [2020] EWHC 2072 (Ch) (30 July 2020)

Celgard, LLC v Shenzhen Senior Technology Material Co Ltd [2020] EWHC 2072 (Ch) (30 July 2020)

Celgard established a serious issue to be tried that Senior misused its trade secrets in developing battery separators marketed in the UK. The damage occurs in England, making English law applicable under Rome II. The English court is the proper forum as the immediate wrong and loss are located in England. Celgard...

Source-derived case information.

Citation
[2020] EWHC 2072 (Ch)
Parties
Claimant: Celgard, LLC; Defendant: Shenzhen Senior Technology Material Co Ltd
Jurisdiction
England and Wales
Judgment Date
30 July 2020
Procedural Posture
Interim Injunction and Permission to Serve Out of Jurisdiction in Trade Secrets Dispute / Application for Interim Relief and Jurisdictional Challenge
Outcome
Interim injunction granted; permission to serve out of jurisdiction granted.
Legal Topics
Trade Secrets, Breach of Confidence, Jurisdiction, Interim Injunctions, Applicable Law, Service Out of Jurisdiction
Intellectual Property Private International Law Civil Procedure Trade Secrets Breach of Confidence Jurisdiction Interim Injunctions Applicable Law +1 more

Source-derived case record

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 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Celgard, LLC

Claimant

Shenzhen Senior Technology Material Co Ltd

Defendant

Procedural Posture

Interim Injunction and Permission to Serve Out of Jurisdiction in Trade Secrets Dispute / Application for Interim Relief and Jurisdictional Challenge

Legal Issues

  1. 1 Whether Celgard has established a serious issue to be tried regarding misuse of trade secrets by Senior
  2. 2 Whether the English court has jurisdiction and is the proper forum (forum conveniens)
  3. 3 Whether English law or Chinese law applies to the claim

Ratio Decidendi

Celgard established a serious issue to be tried that Senior misused its trade secrets in developing battery separators marketed in the UK. The damage occurs in England, making English law applicable under Rome II. The English court is the proper forum as the immediate wrong and loss are located in England. Celgard is entitled to serve proceedings out of the jurisdiction and to interim injunctive relief restraining Senior from marketing or importing the relevant battery separators in the UK.

Court Disposition

Interim injunction granted; permission to serve out of jurisdiction granted.

Orders

  • Senior is restrained from making, offering, putting on the market, importing, exporting or storing for those purposes the relevant battery separators in the United Kingdom pending trial or further order.
  • Celgard is granted permission to serve the claim form and related documents on Senior out of the jurisdiction.