Conductive Inkjet Technology Ltd v Uni -Pixel Displays Inc [2013] EWHC 2968 (Ch) (07 October 2013)

Conductive Inkjet Technology Ltd v Uni -Pixel Displays Inc [2013] EWHC 2968 (Ch) (07 October 2013)

The English court has jurisdiction over the claims for breach of confidence, breach of contract, and patent entitlement against UPD, as the claims fall within CPR PD 6B jurisdictional gateways and the Protocol to the EPC grants exclusive jurisdiction to the English court for patent entitlement disputes where the...

Source-derived case information.

Citation
[2013] EWHC 2968 (Ch)
Parties
Claimant: Conductive Inkjet Technology Ltd.; Defendant: Uni-Pixel Displays Inc.
Jurisdiction
England and Wales
Judgment Date
07 October 2013
Procedural Posture
Application to Set Aside Permission for Service Out of Jurisdiction / Judgment on Jurisdictional Challenge
Outcome
Application to set aside permission for service out of jurisdiction dismissed.
Legal Topics
Breach of Confidence, Patent Entitlement, Jurisdiction, Forum Non Conveniens, Non Disclosure Agreements, Constructive Trust, Unlawful Means, Exclusive Jurisdiction Clauses
Intellectual Property Contract Law Equity Civil Procedure Breach of Confidence Patent Entitlement Jurisdiction Forum Non Conveniens +4 more

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Parties

Conductive Inkjet Technology Ltd.

Claimant

Uni-Pixel Displays Inc.

Defendant

Procedural Posture

Application to Set Aside Permission for Service Out of Jurisdiction / Judgment on Jurisdictional Challenge

Legal Issues

  1. 1 Whether English court has jurisdiction to hear claims against a US defendant for breach of confidence and patent entitlement
  2. 2 Whether claims fall within CPR Practice Direction 6B jurisdictional gateways
  3. 3 Whether exclusive jurisdiction clause in Texas NDA bars English proceedings

Ratio Decidendi

The English court has jurisdiction over the claims for breach of confidence, breach of contract, and patent entitlement against UPD, as the claims fall within CPR PD 6B jurisdictional gateways and the Protocol to the EPC grants exclusive jurisdiction to the English court for patent entitlement disputes where the applicant is outside Contracting States and the claimant is within. The exclusive jurisdiction clause in the Texas NDA does not override the Protocol. The forms of injunctive relief must be restricted to acts within the jurisdiction. The application to set aside permission for service out is dismissed.

Court Disposition

Application to set aside permission for service out of jurisdiction dismissed.

Orders

  • Permission for service out of jurisdiction stands.
  • Forms of injunctive relief must be reformulated to restrict to acts within England.