SAS Institute abused legal process by pursuing US action against World Programming
LONDON, UK – 13 December 2018 – The High Court in London today ruled that SAS Institute abused the court’s legal process by bringing duplicative claims against World Programming in the US after it (SAS Institute) had already elected to bring its claims against World Programming in the UK. SAS Institute is prohibited from enforcing the subsequent conflicting US judgment against World Programming.
In 2009 SAS Institute brought proceedings against World Programming in the High Court in London for breach of the licence in relation to World Programming's use of SAS Institute’s Learning Edition Software that World Programming had purchased from Amazon. SAS Institute lost these claims, including before the Court of Justice of the European Union.
In 2010 SAS Institute brought additional proceedings against World Programming in the US making substantially the same allegations they made the year before in the UK. This time, SAS Institute added claims for so-called “fraud” and unfair and deceptive trade practice (UDTPA), which it alleged were independent and not precluded by the previous action in the UK. The commencement of duplicative proceedings in the US was forum shopping.
The US court refused to adopt the prior UK judgment and issued a contradictory judgment. On the basis of that US judgment, SAS Institute's advisors wrote to customers of World Programming to demand that money owed to World Programming be paid instead to SAS Institute. The High Court in London has now ruled that the US judgment is unenforceable.
The High Court has also ruled that SAS Institute abused legal process by bringing certain claims in the US instead of in the UK (where they were bound to fail) and so are prevented from enforcing those claims. It is expected that all countries outside of the US, whether by treaty or law, will respect the primacy of the judgments of the EU and English Courts.
High Court judge Mrs Justice Cockerill has held that SAS Institute must repay World Programming all payments made in respect of “multiple” damages awarded by the US court and that none of the US damages award can be enforced in England.
World Programming has stood-up for the SAS language user community despite nine years of unjustified action by SAS Institute. SAS Institute's attempts to enforce its US judgment against World Programming have been denied: it has been confirmed that SAS Institute cannot circumvent the original ruling of the UK court.
No court has ever found that World Programming’s WPS Analytics software infringes any SAS Institute copyright.
The judgment can be found at http://www.bailii.org/ew/cases/EWHC/Comm/2018/3452.html.
A more detailed analysis will be available in due course on the World Programming blog at https://www.worldprogramming.com/blog.
About World Programming
World Programming produces and sells WPS Analytics, an advanced analytics software platform for data engineers and data scientists. The platform offers interactive visual and programming tools for working with data, supporting languages of SAS, SQL, Python and R, and runs on workstation, server, cloud, and mainframe systems. Leading organisations around the globe in every industry depend on WPS Analytics software.
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