Quantum Glass Ltd & Ors v Spowart & Ors [2000] ScotCS 299 (30 November 2000)

Quantum Glass Ltd & Ors v Spowart & Ors [2000] ScotCS 299 (30 November 2000)

The pursuers established a prima facie case that the technology claimed in the patent application was developed during Dr Spowart's consultancy and assigned to Quantum, and that confidential information may be at risk of disclosure. The balance of convenience favours granting interim interdict to preserve the status quo and protect the pursuers' business interests pending final determination.

Citation
[2000] ScotCS 299
Parties
Pursuer: Quantum Glass Limited; Pursuer: Triangle Limited; Pursuer: Redwing Limited; Defender: Dr Alexander Rollo Spowart; Defender: Kelsill Limited; Defender: Smart Power Limited
Jurisdiction
Scotland
Judgment Date
30 November 2000
Procedural Posture
Intellectual Property Dispute / Motion for Interim Interdict
Outcome
Interim interdict granted
Legal Topics
Patent Entitlement, Confidential Information, Trade Secrets, Breach of Confidence, Interim Interdict
Intellectual Property Contract Law Patent Entitlement Confidential Information Trade Secrets Breach of Confidence Interim Interdict

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Parties

Quantum Glass Limited

Pursuer

Triangle Limited

Pursuer

Redwing Limited

Pursuer

Dr Alexander Rollo Spowart

Defender

Kelsill Limited

Defender

Smart Power Limited

Defender

Procedural Posture

Intellectual Property Dispute / Motion for Interim Interdict

Legal Issues

  1. 1 Whether the pursuers are entitled to the property in and patent for the invention claimed in the patent application PCT/GB99/03692
  2. 2 Whether the defenders breached confidentiality and appropriated trade secrets
  3. 3 Whether interim interdict should be granted to prevent further prosecution, exploitation, or disclosure of the invention and confidential information

Ratio Decidendi

The pursuers established a prima facie case that the technology claimed in the patent application was developed during Dr Spowart's consultancy and assigned to Quantum, and that confidential information may be at risk of disclosure. The balance of convenience favours granting interim interdict to preserve the status quo and protect the pursuers' business interests pending final determination.

Court Disposition

Interim interdict granted

Orders

  • Defenders interdicted from further prosecuting the international patent application PCT/GB99/03692 or assigning it to third parties without pursuers' consent
  • Defenders interdicted from using, exploiting, disposing of, or licensing the property in the invention claimed in the patent application