Shenzhen Senior Technology Material Co Ltd v Celgard, LLC (Rev 1)

Shenzhen Senior Technology Material Co Ltd v Celgard, LLC (Rev 1)

Celgard had sufficiently particularised at least one trade secret (the binder) to establish a serious issue to be tried, justifying interim relief and service out of jurisdiction. The direct damage occurred in the UK, making English law the applicable law under the Rome II Regulation. England was the proper forum for the dispute, as the main claim concerned the UK market and the alleged importation and marketing of infringing goods in the UK.

Parties
Appellant: Shenzhen Senior Technology Material Co Ltd; Respondent: Celgard, LLC
Jurisdiction
England and Wales
Judgment Date
09 October 2020
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Interim Injunction and Service Out of Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Trade Secrets, Interim Injunctions, Jurisdiction, Forum Non Conveniens, Applicable Law
Intellectual Property Civil Procedure Conflict of Laws Trade Secrets Interim Injunctions Jurisdiction Forum Non Conveniens Applicable Law

Case Brief

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Parties

Shenzhen Senior Technology Material Co Ltd

Appellant

Celgard, LLC

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Interim Injunction and Service Out of Jurisdiction

Legal Issues

  1. 1 Whether Celgard sufficiently identified the trade secrets allegedly misused to justify interim relief and service out of jurisdiction
  2. 2 Whether English law or Chinese law applies to the claims under the Rome II Regulation
  3. 3 Whether England is the proper forum for the dispute

Ratio Decidendi

Celgard had sufficiently particularised at least one trade secret (the binder) to establish a serious issue to be tried, justifying interim relief and service out of jurisdiction. The direct damage occurred in the UK, making English law the applicable law under the Rome II Regulation. England was the proper forum for the dispute, as the main claim concerned the UK market and the alleged importation and marketing of infringing goods in the UK.

Court Disposition

Appeal dismissed

Orders

  • Celgard permitted to serve claim form on Senior out of jurisdiction
  • Interim injunction against Senior restraining importation and marketing of battery separator film in the UK maintained