One of the first cases to be filed in
] against an Interim Injunction issued by the
Padman Surasena J, and E.A.
G.R.
Amarasekara J, on consideration of submissions made on behalf of parties, dismissed the Defendant-Petitioners' Appeal. The Interim injunction appealed by SLT and SLT (Services) to the Supreme Court was granted by the
A.M.
36 of 2003, seeking to restrain the Defendants from disclosing and or making use of the undisclosed/confidential/confidential commercially sensitive information which has allegedly been illegally obtained from A.M.
The Plaintiff, through his Plaint filed before the
The Plaintiff, through his Plaint, had alleged that he had submitted his device to the Defendants, duly informing the Defendants that the Plaintiff's device is part of a patent application and submitted confidentially for the purposes of testing. The Plaintiff, through his Plaint, alleged that the Defendants thereafter, pursuant to having the device for a period of over six weeks, informed the Plaintiff to collect the Plaintiff's device where the Plaintiff noticed to his shock and surprise that the prototype of the Plaintiff's device had been forced open, all the internal components within the device forced open, and the technology inspected.
The Plaintiff had set out very clearly through the Plaint that the Defendants had no reason to open up the Plaintiff's device for such to be tested unless for unlawful purposes of acquiring the information in respect of the functionality of the prototype. The Plaintiff had set out through the Plaint that the Plaintiff further proceeded to register the layout design of the integrated circuit found within the Plaintiff's invention and submitted to Court the complete patent applications and layout design applications lodged at the
Furthermore, the Plaintiff alleged through his Plaint that the Defendants had acted in a pre-orchestrated manner, attempting to inspect the technology and the circuits in the Plaintiff's device. The Plaintiff, through his Plaint, alleged further that since the Plaintiff's technology had been illegally obtained by the Defendants, there is an imminent threat that the Defendants will either make use or disclose the Plaintiff's undisclosed/confidential/ commercially sensitive business information in respect of the functionality of the Plaintiff's device.
Marikar, being satisfied with the Plaintiff's case, in the first instance issued notices of Interim Injunctions and Summons on the Defendants, preventing the Defendants from making use and or disclosing such undisclosed/confidential/commercially sensitive business information illegally obtained from the Plaintiff in respect of the functionality of the Plaintiff's device. The Defendants thereafter filed their Objections for Interim Injunctions, which were granted, and both parties thereafter filed Written Submissions for the inquiry into whether the Interim Injunction should be granted.
Thereafter on
Defendant-Petitioners SLT and SLT (Services) were represented by Attorneys-at-Law Dr.
R.L.
de Silva. Plaintiff-Respondent A.
M.T.
Nirmala was represented by Attorneys-at-Law Nishan Premathiratne, Nadun Wijayasriwardena and
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