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The US District Court for the Eastern District of Pennsylvania recently awarded a preliminary injunction preventing SAP AG from providing instructions to its end users on how to upgrade an SAP software product and continuing to support certain functionalities with software produced by AMC Technology. In previous versions of the SAP software product, AMC's software was licensed for perpetual use "as a product embedded into SAP Software." [AMC Technology LLC v. SAP AG, 78 U.S.P.Q.2d 1834, 1837, 1840 (E.D. Pa. 2005).] Following a termination of the license agreement, however, SAP's rights to the AMC software were limited by a termination clause to the then-current version of SAP Software, as it existed at the time of the termination, and did not include future versions. [Id. at 1837.]
SAP's software product is known as "mySAP CRM," "CRM" standing for …