SAS Institute Inc v World Programming Ltd [2010] EWHC 3012 (Ch) (22 November 2010)

SAS Institute Inc v World Programming Ltd [2010] EWHC 3012 (Ch) (22 November 2010)

The application to amend the questions referred to the CJEU was dismissed because there was no material change of circumstances, no false basis for the original order, the application was delayed without justification, and the proposed amendments were unnecessary for the Court of Justice to address the issues in the case.

Citation
[2010] EWHC 3012 (Ch)
Parties
Claimant: SAS Institute Inc.; Defendant: World Programming Limited
Jurisdiction
England and Wales
Judgment Date
22 November 2010
Procedural Posture
Application to Amend Questions Referred to CJEU / Post Referral, Application for Amendment of Reference
Outcome
Application dismissed
Legal Topics
Copyright in Computer Programs, Reference to Court of Justice of the European Union, Amendment of Reference Questions, Discretion to Vary Court Orders
Intellectual Property Civil Procedure Copyright in Computer Programs Reference to Court of Justice of the European Union Amendment of Reference Questions Discretion to Vary Court Orders

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 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

SAS Institute Inc.

Claimant

World Programming Limited

Defendant

Procedural Posture

Application to Amend Questions Referred to CJEU / Post Referral, Application for Amendment of Reference

Legal Issues

  1. 1 Whether the High Court has jurisdiction to amend a sealed order referring questions to the CJEU
  2. 2 Whether discretion should be exercised to amend the questions referred
  3. 3 Whether delay and justification affect the exercise of discretion

Ratio Decidendi

The application to amend the questions referred to the CJEU was dismissed because there was no material change of circumstances, no false basis for the original order, the application was delayed without justification, and the proposed amendments were unnecessary for the Court of Justice to address the issues in the case.

Court Disposition

Application dismissed

Orders

  • SAS's application to amend the questions referred to the Court of Justice of the European Union is refused