Jumar Solutions Ltd v McKee

Jumar Solutions Ltd v McKee

Jumar failed to prove that Mr McKee's software infringed its copyright, as there was insufficient similarity or evidence of derivation except for common code, which was independently created by Mr McKee. Use of Jumar's confidential information by Mr McKee during his engagement was with Jumar's knowledge and not a misuse; subsequent development did not disclose confidential information. No breach of contract was established as Mr McKee was not party to the relevant consultancy contract after July 2014.

Parties
Claimant: Jumar Solutions Limited; Defendant: Derek McKee
Jurisdiction
England and Wales
Judgment Date
14 June 2016
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Copyright Infringement, Breach of Confidence, Breach of Contract, Software Development, Confidential Information
Intellectual Property Contract Equity Copyright Infringement Breach of Confidence Breach of Contract Software Development Confidential Information

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Jumar Solutions Limited

Claimant

Derek McKee

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Mr McKee infringed Jumar's copyright in the MAPS software suite
  2. 2 Whether Mr McKee misused Jumar's confidential information in developing the McKee Software
  3. 3 Whether Mr McKee acted in breach of contract with Jumar

Ratio Decidendi

Jumar failed to prove that Mr McKee's software infringed its copyright, as there was insufficient similarity or evidence of derivation except for common code, which was independently created by Mr McKee. Use of Jumar's confidential information by Mr McKee during his engagement was with Jumar's knowledge and not a misuse; subsequent development did not disclose confidential information. No breach of contract was established as Mr McKee was not party to the relevant consultancy contract after July 2014.

Court Disposition

Claim dismissed

Orders

  • Jumar's claim for copyright infringement is dismissed
  • Jumar's claim for breach of confidence is dismissed