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

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

The court ordered disclosure of the whole of the Plaintiff's source code because the defence experts' evidence established that the entire source code was material and interrelated such that inspection of only selected parts would frustrate proper expert analysis and the fair disposal of the action; the applicant's case on materiality is to be assumed for the purpose of testing the necessity of production under Order 24 r13(1), and deferral of disputed parts was not appropriate.

Citation
PALM COMPUTING, INC. v. ECHOLINK DESIGN LTD. AND ANOTHER
Parties
Plaintiff: Palm Computing, Inc.; 1st Defendant: Echolink Design Limited; 2nd Defendant: Kessel Electronics (H.K.) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 September 2000
Case Number
HCA11787/1999
Procedural Posture
Civil Copyright Action Concerning Alleged Software Copyright Infringement / Interlocutory Applications for Production and Inspection of Source Code (disclosure/inspection Hearing)
Outcome
Whole of Plaintiff's source code ordered to be disclosed to defendants with confidentiality terms to be agreed; costs orders as specified.
Legal Topics
Discovery and Inspection, Source Code Disclosure, Confidentiality Undertakings, Anton Piller Order, Allocation of Costs
Source Language
EN
Intellectual Property Copyright Civil Procedure Confidentiality Trade Secrets Discovery and Inspection Source Code Disclosure Confidentiality Undertakings +2 more

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Parties

Palm Computing, Inc.

Plaintiff

Echolink Design Limited

1st Defendant

Kessel Electronics (H.K.) Limited

2nd Defendant

Procedural Posture

Civil Copyright Action Concerning Alleged Software Copyright Infringement / Interlocutory Applications for Production and Inspection of Source Code (disclosure/inspection Hearing)

Legal Issues

  1. 1 Whether the whole of the Plaintiff's source code must be produced for inspection
  2. 2 Whether the materiality of disputed parts can be assumed or must be resolved before production
  3. 3 Application of Order 24 r13(1) regarding necessity of production for disposing fairly of the cause

Ratio Decidendi

The court ordered disclosure of the whole of the Plaintiff's source code because the defence experts' evidence established that the entire source code was material and interrelated such that inspection of only selected parts would frustrate proper expert analysis and the fair disposal of the action; the applicant's case on materiality is to be assumed for the purpose of testing the necessity of production under Order 24 r13(1), and deferral of disputed parts was not appropriate.

Court Disposition

Whole of Plaintiff's source code ordered to be disclosed to defendants with confidentiality terms to be agreed; costs orders as specified.

Orders

  • The whole of the Plaintiff's source code (all versions claimed) is to be produced for inspection by the defendants.
  • Parties to agree precise terms relating to timing of production, inspection arrangements and confidentiality safeguards; if not agreed, parties may return to court.