Court upholds SAS injunction preventing new US sales by World Programming Limited
Court ruling also affirms WPL must pay $79 million award to SAS
The US Court of Appeals for the Fourth Circuit has upheld a 2019 injunction prohibiting World Programming Limited (WPL) “from licensing WPS to any new customer for use within the United States.” This decision stems from earlier litigation resulting in an affirmed judgment that WPL committed fraud and breached license agreements in the creation of WPL’s software, WPS. That litigation resulted in a $79 million award to SAS, which WPL has not paid. The injunction will remain in place until WPL pays that amount to SAS.
“Since the case was last before this court, WPL has tried to evade, in every way and at every turn, using any revenues for satisfaction of the U.S. judgment,” the Fourth Circuit opinion stated. “… Instead of making a good-faith effort to pay up, WPL has repeatedly engaged in collateral attacks on the district court’s judgment by calling upon the U.K. court system.”
“When WPL decided to offer a competing product, it took a short cut,” the Court continued. “In violation of a license agreement, WPL reverse engineered a SAS product to speed development of its own product. … This is not the sort of ‘innovation’ or ‘competition’ encouraged by U.S. law.”
The Court added, “But WPL cannot participate in the U.S. market, violate U.S. law, and expect to avoid the consequences of its conduct.”
SAS is represented by Womble Bond Dickinson.
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