18 Oct 2023
SILVER ACHIEVER INVESTMENTS LTD v. FRANK JOSEPH PRINEPPI AND OTHERS
- Citation
- [2023] HKCFI 2699
- Court
- Court of First Instance
- Case number
- HCCW203/2016
The court found that the APA and TPA were executed before the 1st JVA and thereby conveyed the IP rights to the Company; the patents filed in Frank's name were consistent with established practice and were held for the Company's benefit (and subsequently licensed/assigned); Silver Achiever failed to prove fraudulent backdating or compelling evidence of conscious retention of IP by the Prineppis; the management, R&D and employment agreements were made contemporaneously and/or with effective shareholder knowledge and did not establish unfair prejudice; accordingly both the winding‑up petition a…