Ultrasoft Technologies Ltd v Hubcreate Ltd

Ultrasoft Technologies Ltd v Hubcreate Ltd

Ultrasoft failed to prove that any Hubcreate customer other than UBC had access to the copied Ultrasoft files on Hubcreate's server. The evidence showed only UBC had such access due to a unique error, and there was no basis to infer wider access or further infringement beyond what Hubcreate had already admitted.

Parties
Claimant: Ultrasoft Technologies Limited; Defendant: Hubcreate Limited
Jurisdiction
England and Wales
Judgment Date
16 March 2016
Procedural Posture
Intellectual Property Claim / Judgment After Trial
Outcome
Claim dismissed beyond admitted infringements
Legal Topics
Copyright Infringement, Database Rights, Software Licensing, Statutory Defences, Evidence of Access
Intellectual Property Copyright Infringement Database Rights Software Licensing Statutory Defences Evidence of Access

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

Ultrasoft Technologies Limited

Claimant

Hubcreate Limited

Defendant

Procedural Posture

Intellectual Property Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Hubcreate infringed Ultrasoft's copyright and database rights beyond admitted acts
  2. 2 Whether Hubcreate issued or communicated copies of Ultrasoft's files to the public
  3. 3 Whether Hubcreate extracted or re-utilised substantial parts of Ultrasoft's databases

Ratio Decidendi

Ultrasoft failed to prove that any Hubcreate customer other than UBC had access to the copied Ultrasoft files on Hubcreate's server. The evidence showed only UBC had such access due to a unique error, and there was no basis to infer wider access or further infringement beyond what Hubcreate had already admitted.

Court Disposition

Claim dismissed beyond admitted infringements