Written by Luke Dixon | Stephen C. Tupper

The UK Supreme Court (the Court) has upheld the Court of Appeal’s earlier decision that an employee of one of the defendants was not liable for misuse of the claimant’s confidential information.

This case will be of particular interest to businesses with R&D operations in the UK, as it highlights the limitations of employee contracts on protecting trade secrets once an employee has left the business. It also explores how far a claimant can allege that a defendant has been complicit in a “common design” to misuse trade secrets, when the defendant had no knowledge of the trade secrets or their misuse.

Vestergaard’s business was the development, manufacture and marketing of insecticidal bednets, which were designed to prevent the sleeper from being bitten by mosquitos, and also to reduce the mosquito population. Vestergaard had developed certain techniques to manufacture and sell long-lasting insecticidal nets, known as “LLINs”.
Continue Reading UK Trade Secrets Law – Ex-employee Bites Back in Mosquito Net Case