Jumar Solutions Ltd v McKee [2016] EWHC 1361 (Ch) (14 June 2016)

Jumar Solutions Ltd v McKee [2016] EWHC 1361 (Ch) (14 June 2016)

Jumar failed to prove copyright infringement as there was insufficient similarity or evidence of derivation between MAPS and the McKee Software, except for common code, which was independently created by Mr McKee. Use of confidential information by Mr McKee prior to October 2014 was with consent and not misuse; subsequent development did not disclose Jumar's confidential information. No breach of contract was established as Mr McKee was not party to the APSE contract and the NDA obligations were co-terminus with equitable duties.

Citation
[2016] EWHC 1361 (Ch)
Parties
Claimant: Jumar Solutions Limited; Defendant: Derek McKee
Jurisdiction
England and Wales
Judgment Date
14 June 2016
Procedural Posture
Intellectual Property / Final Judgment
Outcome
Claim dismissed
Legal Topics
Copyright Infringement, Breach of Confidence, Breach of Contract, Software Development, Ownership of Copyright, Misuse of Confidential Information
Intellectual Property Contract Confidential Information Copyright Infringement Breach of Confidence Breach of Contract Software Development Ownership of Copyright +1 more

Case Brief

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Parties

Jumar Solutions Limited

Claimant

Derek McKee

Defendant

Procedural Posture

Intellectual Property / Final Judgment

Legal Issues

  1. 1 Whether Mr McKee infringed Jumar's copyright in MAPS software
  2. 2 Whether Mr McKee misused Jumar's confidential information
  3. 3 Whether Mr McKee breached contract obligations with Jumar

Ratio Decidendi

Jumar failed to prove copyright infringement as there was insufficient similarity or evidence of derivation between MAPS and the McKee Software, except for common code, which was independently created by Mr McKee. Use of confidential information by Mr McKee prior to October 2014 was with consent and not misuse; subsequent development did not disclose Jumar's confidential information. No breach of contract was established as Mr McKee was not party to the APSE contract and the NDA obligations were co-terminus with equitable duties.

Court Disposition

Claim dismissed

Orders

  • No injunction granted
  • No damages awarded