Semtech Corp v Lacuna Space Ltd – English Courts had no jurisdiction over IP claim against French employees

This case concerned whether or not the English courts had jurisdiction over a company’s claims against an English company and two former French employees who were domiciled in France. The French employees had worked for the Claimant and worked in the field of communications networks between satellites and Internet of Things. Although the claims were framed as breach of confidence and copyright infringement claims, the heart of the dispute concerned the scope of the employees’ authority to deal with the licensing of the company’s technologies to customers and whether or not they had authority to do so and whether or not it was a breach of their contract of employment to have shareholdings in a customer of the claimant. In an application to strike out the claims for want of jurisdiction by the French employees, the court held that the claims fell within Art. 22.1 of Regulation 1215/2012 and thus, the English courts had no jurisdiction.The judgment can be found here


Guy Tritton acted for the successful French Defendants