Not mushroom for dubious dealings in spicy patent battle23 October 2017
Sydney-based technology company Precision Tracking (Precision) has been in a rigorous legal battle with Domino's Pizza Enterprise (Domino's) since 2016. Precision has accused Domino's of reverse-engineering their global positioning system (GPS) tracking technology after a three-year project to install the technology in Domino's delivery vehicles was abandoned.
The dough, the sauce, the cheese
Precision developed and licenses a driver-tracking service called Delivery Command, which was installed and tested in 50 Domino's stores throughout 2014. In May 2015, Domino's launched its GPS Driver Tracker app, developed in partnership with global GPS provider Navman Wireless. Shortly after, Precision made a number of public allegations, including claims that Domino's had reverse-engineered the technology developed during the testing phase and shared this technology with Navman during the development of their product.
The Federal Court proceedings were sparked by Domino's challenge to Precision's patents on the software in April 2016, followed by Precision's cross-claim in June 2016, claiming patent infringement and breach of confidentiality by Domino's.
Any extra toppings?
The dispute between the parties has so far resulted in accusations of bullying, cyber hacking, unconscionable conduct, breaches of the Corporations Act 2001 (Cth) and even corporate espionage.
Earlier this month, Federal Court judge John Griffiths ordered Domino's to destroy privileged documents, which had mistakenly been handed over by Precision's legal team during discovery. In his judgment, Justice Griffiths criticised Domino's and their solicitors for adopting a "belligerent and unforgiving approach...designed to take advantage of the human error of a professional colleague".
Your order will be ready in 15 days
In March 2017, Justice Robertson ordered Precision to pay $500,000 as security to ensure Domino's would be able to recover their costs. Over the last month alone, Domino's and Precision have collectively filed more than a dozen affidavits in support of their claims ahead of a 15-day hearing.
We're counting down the days until November 27 when the case is heard and we can gain access to the Judge's orders (no, not the pizza kind).