Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc [2013] EWHC 2968 (Ch)
This was a 2-day application in the High Court in which the Defendant sought to set aside permission to serve proceedings for patent entitlement and breach of confidence outside the jurisdiction on the basis that there was no jurisdiction for such service or that such jurisdiction should not be exercised. The underlying claim concerns technology which allows metallic lines to be deposited onto substrates used in display and touch-screen applications.
The court found that it had exclusive jurisdiction to hear the entitlement claim and that therefore forum non conveniens had no application to it. The court also had jurisdiction to hear the breach of confidence claim but only on the basis that the relief sought was amended to satisfy the requirement for permission to serve out. Since the entitlement claim would not be stayed, the balance was in favour of England as the appropriate forum to hear the claim for breach of confidence.
Hugo Cuddigan and Chris Aikens appeared for the successful Claimant.
Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc [2013] EWHC 2968 (Ch)