Action for infringement of copyright, breach of confidence and breach of contract brought by the Claimant against a former employee arising out of the writing and use by Mr McKee of some software.
Held: Jumar’s claim for infringement of copyright failsed; apart from the common code, there was insufficient similarity or evidence of derivation for a case to succeed and in respect of the similarities in the common code, Mr McKee’s evidence of independent creation defeated the claim.
In respect of the confidential information side of the case, the McKee Software was devised in part using Jumar’s confidential information, in particular, that in relation to its demo models and testing criteria. There was no evidence that use or distribution of the McKee Software would disclose any of that confidential information.
John Baldwin QC
[2016] EWHC 1361 (Ch)
Bailii
England and Wales
Contract, Intellectual Property
Updated: 20 January 2022; Ref: scu.567842