High Court order made in Medtech-Valentia copyright litigation

SECTOR UPDATE - Medtech Limited

The High Court has ordered the parties in Medtech Limited v Valentia Technologies (NZ) Limited to make discovery of source code, database schemas and other materials.  

This follows the granting of a without notice ex parte preservation order against Valentia in December 2023.  As an interim measure pending a determination on whether the preservation order should be rescinded, Valentia undertook to preserve certain materials including its source code and database schemas.  The preservation order has now been rescinded and replaced by an order requiring the information preserved by Valentia’s undertakings to be mutually discovered.  

Medtech CEO, Geoffrey Sayer, said: “We are pleased with this outcome. Valentia’s claim that Medtech did not properly make disclosure of material facts in December 2023 has been dismissed. Medtech remains of the view that the without notice preservation order was both necessary and appropriate to ensure that material relevant to the litigation would be preserved, and that order has had that effect. 

“We’re also pleased also that the court has ruled that it is time for discovery to occur. Now that the preservation order has done its job, we welcome the Court’s replacement of the preservation order with a direction that discovery of the material preserved is to occur forthwith. Medtech will now take steps to ensure discovery occurs promptly between the parties enabling its claims against Valentia to progress.”

Source: Medtech Limited media release

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