SAP UK Ltd v Diageo Great Britain Ltd [2017] EWHC 189 (TCC) (16 February 2017)

SAP UK Ltd v Diageo Great Britain Ltd [2017] EWHC 189 (TCC) (16 February 2017)

Only Named Users are authorised to use or access mySAP ERP software under the Agreement. Usage by Connect and Gen2 users constitutes unauthorised use or access. SAP is entitled to additional licence and maintenance fees, with quantum to be determined. Diageo is not entitled to declarations of non-infringement or a publicity order. SAP is entitled to an account of fees but not a mandatory injunction for access.

Citation
[2017] EWHC 189 (TCC)
Parties
Claimant: SAP UK LIMITED; Defendant: DIAGEO GREAT BRITAIN LIMITED
Jurisdiction
England and Wales
Judgment Date
16 February 2017
Procedural Posture
Commercial Contract Dispute / Liability Judgment (quantum Reserved)
Outcome
Claim for additional licence and maintenance fees succeeds; quantum reserved. SAP entitled to account of fees. Mandatory injunction for access refused. Diageo's counterclaim for declarations and publicity order refused.
Legal Topics
Software Licensing, Interpretation of Contracts, Breach of Contract, Declaratory Relief, Damages, Account of Profits
Contract Law Intellectual Property Law Technology Law Software Licensing Interpretation of Contracts Breach of Contract Declaratory Relief Damages +1 more

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Parties

SAP UK LIMITED

Claimant

DIAGEO GREAT BRITAIN LIMITED

Defendant

Procedural Posture

Commercial Contract Dispute / Liability Judgment (quantum Reserved)

Legal Issues

  1. 1 Whether only Named Users are authorised to use or access mySAP ERP software under the Agreement
  2. 2 Whether usage by Connect and Gen2 users constitutes unauthorised use or access under the Agreement
  3. 3 Whether SAP is entitled to additional licence and maintenance fees

Ratio Decidendi

Only Named Users are authorised to use or access mySAP ERP software under the Agreement. Usage by Connect and Gen2 users constitutes unauthorised use or access. SAP is entitled to additional licence and maintenance fees, with quantum to be determined. Diageo is not entitled to declarations of non-infringement or a publicity order. SAP is entitled to an account of fees but not a mandatory injunction for access.

Court Disposition

Claim for additional licence and maintenance fees succeeds; quantum reserved. SAP entitled to account of fees. Mandatory injunction for access refused. Diageo's counterclaim for declarations and publicity order refused.

Orders

  • SAP entitled to account of additional licence and maintenance fees due from Diageo
  • Quantum of fees to be determined in subsequent proceedings