Force India confirmed it has ignited a legal action in the UK and Italy against rival F1 team Lotus, Mike Gascoyne and Italian wind tunnel company Aerolab, claiming a "very serious" breach of intellectual property.
Force India supports that Lotus benefited from the use of Force India's intellectual property while developing the T127 in the same Aerolab wind tunnel it used to develop its cars in previous years. Gascoyne has had close links with Aerolab since it was founded by Fondtech in 2003, and has used its facilities with a number of the teams he has worked at, including Force India in 2008 before he left the team and Lotus since he joined in 2009.
The Force India statement is read as follows:
"The Force India F1 Team confirms it has instigated UK civil proceedings against Malaysia Racing Team SDN BHD (a Malaysian company), Malaysia Racing Team (UK) Limited (Lotus Racing's parent companies), Michael Gascoyne and Aerolab SRL. Force India also confirms that a complaint for disclosure of confidential information was filed in December 2009 with the competent authorities in Italy and that investigations are being conducted.
Force India believes that Lotus Racing, via its use of Aerolab and Fondtech facilities and data, has utilised and benefited from the use of Force India F1 Team's intellectual property, including components and tyres exclusively licensed by Bridgestone to the Force India F1 Team, on its wind tunnel model design for the current Lotus T127 chassis without permission from the Force India F1 Team.
Force India states these are very serious claims and therefore it would not be taking such action if it could not provide supportive evidence."
A Lotus spokesman on Tuesday said Aerolab "vigorously denies any wrongdoing and has provided Lotus Racing with a full indemnity in relation to the claim".
It has been speculated that the dispute is actually economic, after Aerolab announced by late 2009 that it is pursuing Force India for "serious and persistent breaches of contract". Force India confirmed that the issue had now gone to court as well.
"Additionally Force India would like to clarify that any action between Aerolab and Force India for undue termination of contract is now being addressed by the courts. Force India confirms it paid approximately €1 million in autumn 2009 to secure the payment claimed by Aerolab and it is now for the competent courts to decide whether, indeed, this outstanding amount should be paid to Aerolab given the seriousness of these current allegations."
