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It has been brought to our attention that some inaccurate information has recently been circulating in relation to recent legal action taken by ICEL against Virrage Industries Limited to assert its ownership of the intellectual property rights in its infection control software and against Mr. Aidan Cartwright, a former director of ICEL, for a breach of his fiduciary duty.

The outcome of the litigation, as confirmed by the Court on 29th April 2010, is that;

1. The Court has confirmed that ICEL is and was at all times since 2nd March 2007 the owner of the copyright and of all rights to and in the infection control software identified in the judgment originally handed down on 22nd October 2009;
2. Mr Aidan Cartwright was found to be in breach of his fiduciary duties as a director of the claimant and Judgment against him has been entered accordingly. As such, he is liable in damages or (at the claimant’s option) to account for all profits past and future resulting from his involvement in the exploitation of the software in the US market in concert with Mrs. Bonnie Taggart, Epiquest or any other associated person, company or firm and regardless of any vehicle or other means by which such exploitation has been or will be made and regardless of whether the functionality of any system is achieved by a software program other than that identified in the Judgment;
3. The counterclaim brought by the First Defendants (Virrage) was dismissed in its entirety;
4. The Defendants have been ordered to pay ICEL’s costs of the action.

In addition during the trial Mr. Cartwright claimed that he had purportedly passed ICEL’s IPR in the software to an American company “Epiquestlive LLC” for no charge.

It is ICEL’s present understanding that Epiquestlive have been marketing our software or a derivative of it in the USA. If this is the case, ICEL will take the appropriate action to resolve the situation.

ICEL is pleased that it has been vindicated by the High Court and looks forward to continuing to support its loyal customers, as it has done over the years, and to welcoming new customers in both the private and public sectors.

Infection Control Enterprise Ltd

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