In July, 2010 the High Court of Justice in the UK issued an important software copyright decision in dispute filed by SAS Institute Inc. against the UK software firm World Programming Limited. That decision held that WPL did not infringe the copyright as to certain SAS software. The UK decision is currently pending a review by the European Court of Justice.
It was the SAS strategy to file a similar litigation in US District Court in North Carolina. WPL is a struggling young company with only 11 employees while SAS has thousands of employees and annual revenues of over $2 billion. It was a true David and Goliath scenario
After over a year of motion practice and discovery the entire case was dismissed by US District Court Judge Louise Flanagan on February 17, 2011 . The judge held that North Carolina was an inconvenient forum since the first action was in the UK court which was selected by the plaintiff SAS Institute. Further, that case had already gone to trial on the central copyright issues. By that decision WPL was saved from the burdens of defending two cases on two continents. Attached is a copy of the District Court's decision.
WPL never filed an Answer in the North Carolina litigation.