Softlanding Systems, Inc v KDP Software Ltd & Anor [2010] EWCA Civ 1172 (27 October 2010)

Softlanding Systems, Inc v KDP Software Ltd & Anor [2010] EWCA Civ 1172 (27 October 2010)

SLS was in breach of a material obligation under clause 3.2 by failing to provide full information required for KDP to verify payments; KDP was entitled to terminate the agreements after proper notice. No fixed fee agreement existed between SLS and KDP.

Citation
[2010] EWCA Civ 1172
Parties
Claimant/appellant: SoftLanding Systems, Inc; Defendant/respondent: KDP Software Limited; Third Party/appellant: Unicom Systems, Inc
Jurisdiction
England and Wales
Judgment Date
27 October 2010
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Software Licensing, Breach of Contract, Termination of Agreements, Royalty Payments
Contract Law Commercial Law Intellectual Property Software Licensing Breach of Contract Termination of Agreements Royalty Payments

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Parties

SoftLanding Systems, Inc

Claimant/appellant

KDP Software Limited

Defendant/respondent

Unicom Systems, Inc

Third Party/appellant

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether KDP was entitled to terminate the agreements due to breach of material obligation by SLS
  2. 2 Whether there was a fixed fee agreement between SLS and KDP

Ratio Decidendi

SLS was in breach of a material obligation under clause 3.2 by failing to provide full information required for KDP to verify payments; KDP was entitled to terminate the agreements after proper notice. No fixed fee agreement existed between SLS and KDP.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on both issues heard by the court