The execution by Mr Burke of the consent orders and the attendant orders of the Supreme Court of NSW clearly acknowledge the absolute beneficial ownership of the suite of patents by the Company’s associate CPC Patent Technologies Pty Ltd following the purchase of the Securicom patents from the liquidator on 31 July 2019. Access to Mr Burke’s evidence in the proceedings on 2 and 3 December 2019 are available below.
In light of Mr Chris Burke’s continuing false and misleading claims on his website that the Supreme Court of New South Wales made “no finding of ownership” in respect to the patent portfolio and “no finding or orders on the exclusive license agreements” it is important for the Board of Charter Pacific Corporation Ltd to give clarification on the ownership of the biometric patent portfolio to its Shareholders following the issue of the court orders on 11 December 2019.
Also available below is the judgement given by Stevenson J of the Supreme Court of NSW (No. 2018/56845) on 10 August 2018 which refers to the evidence given by Mr Burke in those proceedings and his Honours views of Mr Burke’s credibility as a witness.
- I found both Mr Murray and Mr Dart to be impressive witnesses.
- I am not able to come to the same conclusion about Mr Burke. He did not give responsive answers to questions in cross-examination and seemed incapable of distinguishing between what he actually recalled saying and what he now alleges he claims to have meant. Further his evidence as to his alteration of what I describe below as the “Extension Document” reflects badly on his credit.
The evidence given by Mr Burke in the latest proceedings which were determined in favour of the Company via CONSENT ORDERS and the signature by Mr. Burke on the Deeds of Acknowledgement and Assignment of Intellectual Property in respect of the ownership of the relevant patents by Securicom and sold to CPC Patent Technologies Pty Ltd, an associate of the company on 31 July 2019 is self explanatory.
The consent orders and deeds of assignment were signed by Mr Burke and therefore it is impossible for Mr Burke to claim any other outcome from the Court proceedings other than the Securicom patent portfolio is owned by CPC Patent Technologies Pty Ltd. These consent orders and the deeds of assignment are also available below.
I refer you to recital “L” of the deeds;
“L. The Assignor (CJ Burke Nominees Pty Ltd and Christopher John Burke) acknowledges that it was never entitled to the transfer of the Intellectual Property and has agreed to assign and transmit all such Right, title and interest as it may have in the Intellectual Property, in all jurisdictions worldwide, to the Assignee, (Securicom which sold to CPC Patent Technologies on 31 July 2019) and the Assignee has agreed to accept such assignment, on the terms of this Deed.”
I also refer to Clause 2 of the deeds;
2.1 Upon execution of this Deed and in accordance with the Orders, the Assignor hereby assigns, transfers and sets over to the Assignee:
(a) All its Right, title and interest (if any) in and to the Intellectual Property (including any and all modifications and/or improvements), including, but not limited to, the exclusive rights given to the Assignor in all jurisdictions worldwide; and
(b) All common law and intellectual property rights (if any) which the Assignor has in the Intellectual Property (together with any goodwill associated with the Intellectual Property).
2.2 The 2017 Deed of Assignment is hereby rescinded, and is of no force or effect whatsoever. So far as the Assignee and Assignor are concerned all rights to the Intellectual Property are to belong to the Assignee and be treated as if the 2017 Deed of Assignment had never been entered.
2.3 Notwithstanding clause 2.2 and to the extent that clause 2.2 is incapable of restoring any and all Right or interest in the Intellectual Property to the Assignee, or to the extent that the Intellectual Property includes any Right or interest accruing by reason of the 2017 Deed of Assignment, the effect of this Deed is to transfer and assign any and all Right and interest to the Intellectual Property to the Assignee.”
In short Mr Christopher John Burke and CJ Burke Nominees Pty Ltd have assigned all Right, title and interest in the Intellectual property worldwide to CPC Patent Technologies Pty Ltd and Microlatch Pty Ltd (in liquidation).
Therefore Mr Burke’s postings on his website are false and misleading on both counts of ownership and exclusive licenses as any licenses that may have existed are now invalid. Neither Mr Burke nor any of his associated entities have rights whatsoever in respect to the biometric patent portfolios referred to as the Intellectual Property.
Kevin J Dart