Koger Inc. and Koger (Dublin) Ltd v O'Donnell & others [2013] IESC 28 (18 June 2013)

Koger Inc. and Koger (Dublin) Ltd v O'Donnell & others [2013] IESC 28 (18 June 2013)

The Supreme Court held that Koger was not entitled to pursue on appeal a case based on copying from memory, as this was not the case argued in the High Court. The case at trial was confined to allegations of copying via an unauthorised physical copy of NTAS, and the High Court found as a fact that no such copy was used. There was no basis to remit the matter for retrial on a new basis. The appeal was dismissed and the High Court's order affirmed.

Citation
[2013] IESC 28
Parties
Plaintiff/appellant: Koger Inc.; Plaintiff/appellant: Koger (Dublin) Limited; Defendant/respondent: James O’Donnell; Defendant/respondent: Roger Woolman; Defendant/respondent: David Gross; Defendant/respondent: HWM Financial Solutions Limited
Jurisdiction
Ireland
Judgment Date
18 June 2013
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Copyright Infringement, Misuse of Confidential Information, Software Copyright, Employee Duties, Appeal Procedure
Intellectual Property Employment Law Copyright Infringement Misuse of Confidential Information Software Copyright Employee Duties Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Koger Inc.

Plaintiff/appellant

Koger (Dublin) Limited

Plaintiff/appellant

James O’Donnell

Defendant/respondent

Roger Woolman

Defendant/respondent

David Gross

Defendant/respondent

HWM Financial Solutions Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the defendants infringed copyright in the NTAS software by copying or using an unauthorised copy in developing ManTra
  2. 2 Whether the defendants misused confidential information obtained during their employment with Koger
  3. 3 Whether the plaintiffs could pursue on appeal a case not argued in the High Court, specifically copying from memory

Ratio Decidendi

The Supreme Court held that Koger was not entitled to pursue on appeal a case based on copying from memory, as this was not the case argued in the High Court. The case at trial was confined to allegations of copying via an unauthorised physical copy of NTAS, and the High Court found as a fact that no such copy was used. There was no basis to remit the matter for retrial on a new basis. The appeal was dismissed and the High Court's order affirmed.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Appeal dismissed
  • No order for retrial