Innovia Films Ltd v Frito -Lay North America, Inc

Iain Purvis QC and Hugo Cuddigan (instructed by W P Thompson & Co) for the Claimant Andrew Lykiardopoulos (instructed by Bristows) for the Defendant Hearing dates: 20-21 March 2012 ____________________

ii) An application in action 4566 that the claim be stayed either permanently on the ground that this court should not exercise jurisdiction over the claim or pending determination of Frito-Lay's claim in the Texas Court.

i) IFL contends that its employees, and not those of IFI, devised the inventions.

ii) IFL contends it disclosed the inventions to Frito-Lay. IFL says that, to the extent that IFI was involved, IFI simply acted as a conduit for the information.

iii) IFL contends that Frito-Lay owed an equitable obligation of confidence to IFL. IFL relies upon the existence of the NDA as one of the factual circumstances giving rise to that equitable obligation, but it does not allege breach of the NDA per se . I shall return to this point below.