SAS Institute Inc v World Programming Ltd

SAS Institute Inc v World Programming Ltd

The application to continue the anti-suit injunction is refused. The case does not meet the exceptional threshold required for an anti-enforcement injunction. The US proceedings, while more intrusive than English practice, are not so exorbitant or contrary to public policy as to justify interference, especially given WPL's submission to US jurisdiction, delay in seeking relief, and the principle of comity. The English Enforcement Judgment does not preclude enforcement in the US, and the balance of factors does not warrant the injunction.

Parties
Claimant: SRS Institute Inc.; Defendant: World Programming Limited (WPL)
Jurisdiction
England and Wales
Judgment Date
25 September 2019
Procedural Posture
Commercial Court Application for Continuation of Anti Suit Injunction / Ruling on Inter Partes Application to Continue Interim Anti Suit Injunction
Outcome
Application to continue anti-suit injunction refused; interim injunction discharged.
Legal Topics
Anti Suit Injunctions, Enforcement of Foreign Judgments, Public Policy Exception, Comity, Jurisdiction, Software Directive, Protection of Trading Interests Act
Private International Law Civil Procedure Intellectual Property Anti Suit Injunctions Enforcement of Foreign Judgments Public Policy Exception Comity Jurisdiction +2 more

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Parties

SRS Institute Inc.

Claimant

World Programming Limited (WPL)

Defendant

Procedural Posture

Commercial Court Application for Continuation of Anti Suit Injunction / Ruling on Inter Partes Application to Continue Interim Anti Suit Injunction

Legal Issues

  1. 1 Whether the English court should continue an anti-suit injunction restraining SAS from pursuing certain enforcement proceedings in the US courts against WPL
  2. 2 Whether the US enforcement proceedings interfere with the English court's jurisdiction or judgments
  3. 3 Whether public policy or comity justifies or precludes the continuation of the injunction

Ratio Decidendi

The application to continue the anti-suit injunction is refused. The case does not meet the exceptional threshold required for an anti-enforcement injunction. The US proceedings, while more intrusive than English practice, are not so exorbitant or contrary to public policy as to justify interference, especially given WPL's submission to US jurisdiction, delay in seeking relief, and the principle of comity. The English Enforcement Judgment does not preclude enforcement in the US, and the balance of factors does not warrant the injunction.

Court Disposition

Application to continue anti-suit injunction refused; interim injunction discharged.

Orders

  • The interim anti-suit injunction granted to WPL is discharged.
  • No order for continuation of the injunction.