Flyde Microsystems Limited v. Key Radio Systems Limited [1998] EWHC Patents 340 (11th February, 1998)

Flyde Microsystems Limited v. Key Radio Systems Limited [1998] EWHC Patents 340 (11th February, 1998)

The defendant's contributions, while valuable and extensive, were limited to specification, testing, and feedback, and did not amount to authorship of the software. The plaintiff alone authored the KEYPORT software and owns the copyright. No implied licence arose in favour of the defendant to reproduce the software on non-plaintiff PCBs. The defendant's acts constituted infringement.

Citation
[1998] EWHC Patents 340
Parties
Plaintiff: Fylde Microsystems Ltd; Defendant: Key Radio Systems Limited
Jurisdiction
England and Wales
Procedural Posture
Copyright Infringement Action / Judgment on Preliminary Issues
Outcome
Plaintiff's claim succeeds; defendant's counterclaim and defences fail.
Legal Topics
Computer Software Copyright, Joint Authorship, Implied Licence, Infringement of Copyright
Intellectual Property Copyright Law Computer Software Copyright Joint Authorship Implied Licence Infringement of Copyright

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Fylde Microsystems Ltd

Plaintiff

Key Radio Systems Limited

Defendant

Procedural Posture

Copyright Infringement Action / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the copyright in the KEYPORT software is owned solely by the plaintiff or jointly with the defendant
  2. 2 Whether the defendant had an implied licence to use or reproduce the software

Ratio Decidendi

The defendant's contributions, while valuable and extensive, were limited to specification, testing, and feedback, and did not amount to authorship of the software. The plaintiff alone authored the KEYPORT software and owns the copyright. No implied licence arose in favour of the defendant to reproduce the software on non-plaintiff PCBs. The defendant's acts constituted infringement.

Court Disposition

Plaintiff's claim succeeds; defendant's counterclaim and defences fail.

Orders

  • Declaration that the plaintiff is sole owner of the copyright in the KEYPORT software.
  • Declaration that the defendant infringed the plaintiff's copyright by unlicensed reproduction.