Noemalife SPA v Infinitt UK Ltd

Noemalife SPA v Infinitt UK Ltd

There was no evidence of mutual intention to create legal relations for a licence fee or continued licence beyond the initial term and six-month extension; the implied licence ended on 31 March 2011, and no contractual or gratuitous licence existed thereafter.

Source-derived case information.

Parties
Claimant: Noemalife SpA; Defendant: Infinitt UK Ltd
Jurisdiction
England and Wales
Judgment Date
14 August 2013
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Implied Licence, Copyright Infringement, Contract Variation, Restitution, Public Procurement
Contract Law Intellectual Property Law Implied Licence Copyright Infringement Contract Variation Restitution Public Procurement

Source-derived case record

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 5 Party arguments 2
Sign in to unlock

Parties

Noemalife SpA

Claimant

Infinitt UK Ltd

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the implied licence to use RIS software extended beyond the initial contract term
  2. 2 Whether a fresh implied licence arose upon contract extension
  3. 3 Whether the claimant is entitled to a licence fee for extended use

Ratio Decidendi

There was no evidence of mutual intention to create legal relations for a licence fee or continued licence beyond the initial term and six-month extension; the implied licence ended on 31 March 2011, and no contractual or gratuitous licence existed thereafter.

Court Disposition

Claim dismissed