EC Medica Group UK Limited & ors v CS Medical & ors [2018] EWHC 1952 (Ch)

The parties were competitors in the field of prone surgery supports.  The defendants had previously worked for the claimants.  The claimants asserted that the defendants had set up their rival business in breach of their duty of fidelity, and that their prone support product infringed the claimants’ design rights.  The judge dismissed the claims, save for two limited breaches of the duty of fidelity.  The case raised interesting questions about the scope of an employee’s duty of fidelity and the scope of unregistered design rights.

Thomas Alkin and Tim Bamford appeared for the Defendants

[2018] EWHC 1952 (Ch)

[2019] EWHC 1405 (Ch)

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