Zipher Ltd v Markem Systems Ltd and Another: CA 10 Feb 2009

In earlier proceedings, Zipher had given an undertaking not to pursue their claim over and above a certain level. The defendant now sought to hold them to that undertaking. The claimants replied that the undertaking had lapsed when that action had been lost, and was not resurrected when they won their appeal.
Held: An undertaking should be construed restrictively. It could be effective without being written down, but in this case it had lapsed on the adverse finding.

Citations:

[2009] EWCA Civ 44

Links:

Bailii, Times

Jurisdiction:

England and Wales

Citing:

See AlsoMarkem Corporation and Another v Zipher Ltd CA 22-Mar-2005
A patent which was applied for as a result of a breach of confidence may be capable of giving the victim of the breach the benefit of an interest in the patent. In the UK at least the basis of an entitlement claim must be a breach of the claimant’s . .
See AlsoZipher Ltd v Markem Systems Ltd PatC 16-Jan-2007
. .
Appeal FromZipher Ltd v Markem Systems Ltd and Another PatC 25-Jun-2008
. .
Appeal FromZipher Ltd v Markem Systems Ltd and Another PatC 1-Sep-2008
This judgment deals with the issue of the scope of the injunction to which Markem should be entitled in support of the undertaking given to HHJ Fysh QC. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Intellectual Property

Updated: 22 July 2022; Ref: scu.282609