2020-06-11
Case Studies

Major software licensing problem

Home / Knowledge base / Major software licensing problem

Posted by Luke Moulton on 11 June 2020

Luke Moulton - Intellectual Property Lawyer
Luke Moulton Associate

We helped a technology supplier with a major software licensing problem:

  • Our client had brought new sites into scope for a large, multi-site public sector customer, without a formal contract variation and without the requisite extension to software licences to cover the new sites.
  • After informal discussions to extend software licences to cover the new sites, the software provider demanded licence fees for new sites plus back payments (and threatened to tell customer that the sites were unlicensed).

We recommended an early dispute resolution approach, which ultimately:

  • helped the supplier stand up to the provider; and
  • enabled supplier to push the dispute into long grass for 18 months and to manage relationship with customer.

Using early dispute resolution, we analysed legal and factual position, and the wider context, to determine the strength of our client’s position and strategy. We then:

  • developed strategy with supplier to meet objective of delaying progress;
  • focussed on provider’s failure to invoke (correctly) the dispute resolution process;
  • took advantage of provider’s lack of focus on key issues;
  • enabled our client to manage staged escalation to senior management, rather than reacting to the provider’s demands; and
  • enabled supplier to manage communications to customer.

This resulted in:

  • A negotiated settlement
  • At a time to suit to our client, some 2 years after problem arose

About the author

Luke Moulton

Associate

Luke is an experienced intellectual property lawyer advising clients on disputes relating to their intellectual property rights.

Luke Moulton

Luke is an experienced intellectual property lawyer advising clients on disputes relating to their intellectual property rights.

Recent articles

15 July 2020 Shrewsbury and Telford NHS Trust now subject to police investigation

Another serious twist in the tale of the rapidly unfolding scandal into Shrewsbury and Telford NHS Trust maternity services was revealed this week (30 June 2020) as West Mercia Police announced they have launched a criminal investigation.

Read article
14 July 2020 Divorce with assets totalling £2.8 million

We helped advise a husband in a divorce case where the assets totalled £2.8 million and were spread over the former matrimonial home in the UK, along with further residential and commercial properties in both the UK and abroad.

Read article
14 July 2020 Guide to Judicial Review, The Loan Charge Review and HMRC

Have you repaid loans as a result of HMRC’s Guidance pre-Loan Charge Review that you would no longer be liable for the Loan Charge for? We are launching a Judicial Review against HMRC’s decision to treat such taxpayers as committing new “relevant steps” if they now undo such repayments.

Read article
Contact
How can we help?
01926 732512
CALL BACK