Acting for Valentia, a major provider of software in the health sector. Defending claims brought by its competitor Medtech for copyright infringement, breach of confidence and other claims in relation to the operation of Valentia’s “indici PMS” practice management system used by medical practices.

Successful opposition to interim-interim relief application. Successful application to rescind without notice preservation order, successful opposition to interim injunction application, awarded 3C costs. Successful opposition to applications by Medtech for leave to appeal. Case is ongoing.

Acting for the plaintiff on software dispute with applications for interim relief and for leave to proceed by way of derivative action. Claims for copyright, breach of confidence, breach of Companies Act provisions.

Initial hearing on a Pickwick basis regarding continued provision of software (before van Bohemen J), adjourned during reply submissions when defendants indicated willingness to provide undertakings. Full hearing of the interim injunction before O’Gorman J, interim injunction granted and leave to proceed by way of derivative action.

Counsel for two of the defendants, Geostel and its director Paul Daynes, since June 2016. The case relates to industrial copyright in the design of a component called a cup used in asparagus-grading machines. I was instructed just after the High Court had awarded damages of $4.1m against my clients and another party, Napier Tool & Die, in 2016 – the largest award of damages for copyright infringement in New Zealand history.

That award was overturned by the Court of Appeal in 2016: reported at [2017] 2 NZLR 611.  The High Court was directed to assess damages on a “user principle” (or notional licence fee) basis rather than lost profits.  Geostel was awarded costs on Oraka’s abandoned application for leave to appeal to the Supreme Court: [2017] NZSC 79. There was a further six day trial in the High Court in 2017 including extensive expert evidence.  The High Court set damages at $510,000, plus interest going back to 2005 which effectively doubled the amount due: reported at (2018) 131 IPR 363. This was reduced on appeal to $47,000: [2020] NZCA 256.

Counsel for the plaintiff on an interim injunction application relating to copyright, breach of confidence, breach of directors’ duties and Fair Trading Act.

Counsel for the defendant on a patent and copyright infringement claim regarding LED lights in the Auckland High Court.

Counsel for the plaintiff on copyright infringement claims in the Auckland High Court against two competitors, relating to tent designs.

Counsel for the fourth defendant on a dispute regarding software and allegations of copyright infringement and breach of confidence. The interim injunction application was resolved without a hearing and the case has now settled.

Counsel for a group of software developers and shareholders on a complex case involving a mixture of intellectual property, company, commercial and insolvency issues. Successful opposition to appointment of interim liquidators and then appointment of my clients’ preferred liquidator on a contested application.

Counsel for the appellant (briefed for the appeal), I successfully argued that the High Court should overturn the District Court’s decision to strike out the plaintiff’s claim for copyright infringement. The claim related to the publication on the Whale Oil blog of a poem written by Colin Craig, and also involved issues of breach of privacy and breach of confidence.

Counsel for the appellant in the Court of Appeal seeking a stay of judgment pending the appeal on a copyright claim with insolvency and receivership issues (briefed for appeal appearance).