Buchanan v Alba Diagnostics Ltd [1999] ScotCS 159 (24 June 1999)

Buchanan v Alba Diagnostics Ltd [1999] ScotCS 159 (24 June 1999)

Patent 321 is an 'improvement' within the meaning of the First Assignation and thus was assigned to Mr Mills and, by the Second Assignation, to the defenders. The assignation is not void for uncertainty or as an unlawful restraint of trade. Statutory employee invention protections do not render the assignation unenforceable in these circumstances.

Citation
[1999] ScotCS 159
Parties
Pursuer: Nigel Alexander Buchanan; Defenders: Alba Diagnostics Ltd
Jurisdiction
Scotland
Judgment Date
24 June 1999
Procedural Posture
Intellectual Property Dispute (patents) / Opinion After Proof Before Answer (trial on Assignation and Infringement Issues)
Outcome
For the defenders (Alba Diagnostics Ltd) on the assignation issue; Patent 321 assigned to defenders as an improvement under the First Assignation.
Legal Topics
Patent Assignment, Patent Improvement, Ownership of Inventions, Restraint of Trade, Employee Inventions, Interpretation of Contracts
Intellectual Property Contract Law Employment Law Patent Assignment Patent Improvement Ownership of Inventions Restraint of Trade Employee Inventions +1 more

Case Brief

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Parties

Nigel Alexander Buchanan

Pursuer

Alba Diagnostics Ltd

Defenders

Procedural Posture

Intellectual Property Dispute (patents) / Opinion After Proof Before Answer (trial on Assignation and Infringement Issues)

Legal Issues

  1. 1 Whether Patent 321 is an 'improvement' within the meaning of the First Assignation and thus assigned to the defenders
  2. 2 Whether the assignation is void for uncertainty or unlawful restraint of trade
  3. 3 Whether the assignation is unenforceable under statutory provisions relating to employee inventions

Ratio Decidendi

Patent 321 is an 'improvement' within the meaning of the First Assignation and thus was assigned to Mr Mills and, by the Second Assignation, to the defenders. The assignation is not void for uncertainty or as an unlawful restraint of trade. Statutory employee invention protections do not render the assignation unenforceable in these circumstances.

Court Disposition

For the defenders (Alba Diagnostics Ltd) on the assignation issue; Patent 321 assigned to defenders as an improvement under the First Assignation.

Orders

  • Declarator that Patent 321 was assigned to the defenders as an improvement under the First Assignation.
  • Dismissal of pursuer's arguments on uncertainty, restraint of trade, and employee invention statutory protection.