Source: All England Reporter
Publisher Citation: [2010] All ER (D) 37 (Oct)
Neutral Citation: [2010] EWHC 326 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Judge David Wilcox sitting as a judge of the high court
Representation Robert Onslow, Lucie Briggs and Osma Rajah (instructed by Gibson Dunn and Crutcher LLP) for the claimant and the third party.
  Jeremy Reed and Thomas St Quintin (instructed by JP Mitchell) for the defendant.
Judgment Dates: 26 February 2010

Catchwords

Contract - Breach - Injunction - Claimant software company bringing action for breach of contract against defendant software company and obtaining interim relief - Whether defendant in breach of contract - Whether claimant in breach of copyright - Whether interim relief should be discharged - .

The Case

Contract Breach. The Technology and Construction Court held, in dismissing the claimants' substantive claim and its claim for interim relief, that the defendant was not in breach of its contractual and implied obligations to the claimants. Further, the claimants had authorised acts of infringement in the UK of the defendant's copyright in a piece of software and were liable to pay the defendant substantial damages.

Practice Areas

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