DEEPMATTER LTD AGAINST THE UNIVERSITY COURT OF THE UNIVERSITY OF GLASGOW [2024] ScotCS CSOH_67 (04 July 2024)

DEEPMATTER LTD AGAINST THE UNIVERSITY COURT OF THE UNIVERSITY OF GLASGOW [2024] ScotCS CSOH_67 (04 July 2024)

The pursuer has demonstrated a reasonable basis for invoking clause 11.4 of the IPR Option and Royalty Agreement. The court finds that the pursuer is entitled to require the defender to provide information, documentation and assistance as specified, given the factual circumstances, ongoing concerns about unauthorised use, and the defender's resistance to disclosure. The defender's assertion that the pursuer already has sufficient information does not negate the contractual obligation to provide all material reasonably required for enforcement or defence of the Assigned Technology.

Citation
[2024] ScotCS CSOH_67
Parties
Pursuer: DeepMatter Limited; Defender: The University Court of the University of Glasgow
Jurisdiction
Scotland
Judgment Date
04 July 2024
Procedural Posture
Commercial Action / Final Judgment
Outcome
Order granted in favour of pursuer
Legal Topics
Enforcement of Contractual Obligations, IP Assignment, Patent Licensing, Disclosure Obligations
Contract Law Intellectual Property Enforcement of Contractual Obligations IP Assignment Patent Licensing Disclosure Obligations

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Parties

DeepMatter Limited

Pursuer

The University Court of the University of Glasgow

Defender

Procedural Posture

Commercial Action / Final Judgment

Legal Issues

  1. 1 Whether the pursuer has a reasonable basis to require the defender to provide information, documentation and assistance under clause 11.4 of the IPR Option and Royalty Agreement
  2. 2 Interpretation of 'reasonably require' in the context of contractual disclosure obligations
  3. 3 Whether the defender has fulfilled its obligations or is required to produce further material

Ratio Decidendi

The pursuer has demonstrated a reasonable basis for invoking clause 11.4 of the IPR Option and Royalty Agreement. The court finds that the pursuer is entitled to require the defender to provide information, documentation and assistance as specified, given the factual circumstances, ongoing concerns about unauthorised use, and the defender's resistance to disclosure. The defender's assertion that the pursuer already has sufficient information does not negate the contractual obligation to provide all material reasonably required for enforcement or defence of the Assigned Technology.

Court Disposition

Order granted in favour of pursuer

Orders

  • Defender is ordered to produce the specified documents and information as set out in the schedule appended to the summons, subject to reasonable restrictions as determined by the court.