| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 01 (Jun) |
| Neutral Citation: | [2012] EWCA Civ 726 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Ward, Etherton LJJ and Sir Robin Jacob |
| Representation | Michael Bloch QC and Sebastian Allen (instructed by Simmons & Simmons LLP) for the Mylan. |
| Simon Salzedo QC and Thomas Hinchliffe (instructed by Bird & Bird LLP and Pinsent Masons LLP) for the defendants. | |
| Judgment Dates: | 31 May 2012 |
Catchwords
Employment - Duty of servant - Confidential information - Injunction restraining disclosure - Patent attorney formerly employed by first defendant company being retained by claimant company as head of intellectual property - Patent proceedings arising between parties - Defendants obtaining injunction preventing former employee from taking any part in the proceedings - Claimant appealing - Whether court erring.
The Case
Employment Duty of servant. The Court of Appeal, Civil Division, allowed the claimant's appeal and set aside an injunction preventing an in-house patent agent, employed by the claimant company but a former employee of the first defendant company, from working on litigation between the parties. The patent agent had not acquired, while working for the first defendant, specific confidential knowledge relating to the relevant litigation.
Practice Areas
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