PALM COMPUTING, INC. v. ECHOLINK DESIGN LTD. AND ANOTHER

PALM COMPUTING, INC. v. ECHOLINK DESIGN LTD. AND ANOTHER

The court adjourned the application for specific discovery of source code for full argument because contested issues (necessity of parts of the code and scope of confidentiality) required fuller ventilation; the application for Further and Better Particulars was dismissed because nothing exceptional justified such an order before service of a defence under Ord.18 r.12(5).

Citation
PALM COMPUTING, INC. v. ECHOLINK DESIGN LTD. AND ANOTHER
Parties
Plaintiff: Palm Computing, Inc.; 1st Defendant: Echolink Design Ltd; 2nd Defendant (applicant): Kessel Electronics (H.K.) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 January 2000
Case Number
HCA11787/1999
Procedural Posture
Civil Action (copyright/discovery/interlocutory Applications) / Interlocutory Applications/directions Hearing (applications for Specific Discovery and for Further and Better Particulars)
Outcome
Specific discovery application against Plaintiff adjourned for full argument; application for Further and Better Particulars by 2nd Defendant dismissed; costs of the 4 Jan 2000 hearing awarded to Plaintiff against 2nd Defendant.
Legal Topics
Specific Discovery, Source Code Disclosure, Further and Better Particulars, Interlocutory Injunction, Costs
Source Language
EN
Civil Procedure Intellectual Property Evidence Confidentiality Specific Discovery Source Code Disclosure Further and Better Particulars Interlocutory Injunction +1 more

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Parties

Palm Computing, Inc.

Plaintiff

Echolink Design Ltd

1st Defendant

Kessel Electronics (H.K.) Limited

2nd Defendant (applicant)

Procedural Posture

Civil Action (copyright/discovery/interlocutory Applications) / Interlocutory Applications/directions Hearing (applications for Specific Discovery and for Further and Better Particulars)

Legal Issues

  1. 1 Whether the 2nd Defendant is entitled to specific discovery of the Plaintiff's source code
  2. 2 Whether an application for Further and Better Particulars can be determined before service of a defence
  3. 3 Scope and protection of confidential documents disclosed in discovery

Ratio Decidendi

The court adjourned the application for specific discovery of source code for full argument because contested issues (necessity of parts of the code and scope of confidentiality) required fuller ventilation; the application for Further and Better Particulars was dismissed because nothing exceptional justified such an order before service of a defence under Ord.18 r.12(5).

Court Disposition

Specific discovery application against Plaintiff adjourned for full argument; application for Further and Better Particulars by 2nd Defendant dismissed; costs of the 4 Jan 2000 hearing awarded to Plaintiff against 2nd Defendant.

Orders

  • Adjourn 2nd Defendant's summons against the Plaintiff for specific discovery to a date to be fixed for argument
  • Dismiss 2nd Defendant's summons requesting Further and Better Particulars of the Statement of Claim (without prejudice to renewal after service of Defence)