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England and Wales High Court (Chancery Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Jumar Solutions Ltd v McKee  EWHC 1361 (Ch) (14 June 2016)
Cite as:  EWHC 1361 (Ch)
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Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
B e f o r e :
(sitting as a deputy Judge of the Chancery Division)
| JUMAR SOLUTIONS LIMITED
|- and –
Jonathan Hill (instructed by Russell-Cooke LLP) for the Defendant
Hearing dates: 14th, 15th, 18th, 19th, 20th, 21st, 22nd April 2016
Crown Copyright ©
MR JOHN BALDWIN QC:
Each of the CEXUAPI Source, CEXUAPI Object, the CEXUAPI Algorithms, G2X Source, G2X Object, the G2X Algorithms, the XML Schema, the XML Outputs, the XCGv1 Source, XCGv1 Object, the XCGv1 Algorithms, the XCGv2 Source, XCGv2 Object, the XCGv2 Algorithms, XQueriesv1, XQueriesv2, each of the Output Templates, JCCR, JCCR Source, JCCR Object, the JCCR Algorithms, the Demo Model (including each of the Demo CA Data, the Demo XML and the Demo Code) (hereinafter collectively called the Works) is each an intellectual creation which are original copyright works as literary works and/or computer programs owned by the Claimant..
32. The McKee Software took all the same inputs as XCGv2, it produced identical results, used the same XML Output Files, xQueries, Templates, common code...
33. That is to say, the XML, the queries, common code and template content were all identical between the McKee software and XCGv2. The only bit that Mr McKee put into his tool was the code used to pass the data from the queries to the templates, but even that must have operated in the exact same manner as XCGv2. As a result, the results were identical. That is to say, any code generated by Jumar XCGv2 could be substituted in part or in whole by code generated by the McKee Software, because it encompassed all of the components mentioned above, together with all of Jumar's proprietary targeting algorithms.