Unpaid share of revenue flow from software application

Type: Intellectual property infringement

Sector: Software

Amount: £350,000

The problem

A software company entered into a joint venture with a large property management consultancy to allow its application to be commercially exploited in return for a share of the revenue flow from it. However, the software company did not receive any revenue.

The software company engaged its incumbent lawyers to gather the necessary information to determine the amount it was owed, but the property management consultancy refused to engage.

How Escalate helped

There was no initial movement from the defendant during the Escalate mediation process, other than an attempt to encourage the claimant to walk away with a £40,000 settlement offer. The software house rejected this and, as the defendant was still unwilling to provide the information needed to assess the full revenue potential, Escalate issued at court for full disclosure. Unlike in a traditional dispute, the cost of this action was covered by Escalate, so the client did not incur any upfront disbursements.

The outcome

After we issued for full disclosure, the defendant admitted to owing £350,000 to the software company and settled the case.

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