Microsoft second hand licensing appeal gets brush-off, but Supreme Court application remains possible
Reported by theregister · October 19, 2026
Appeal rejected without reasons
Microsoft’s application for permission to appeal to the UK Supreme Court was rejected by the Court of Appeal last week. The court gave no explanation, stating only that the application was refused.
Dispute over surplus licenses
ValueLicensing sued Microsoft in 2021, seeking £270 million over claims that the company restricted the supply of surplus Office licenses. Microsoft denied wrongdoing and sought to recast the case as a copyright dispute. The UK's Competition Appeal Tribunal rejected Microsoft’s arguments, as did a later appeal.
Document disclosure question
A consent order refers to a file as a “Known Adverse Document,” but its contents are unknown. The document dates to 2013, a few years after Office 365 launched.
Key points
- The Court of Appeal refused Microsoft permission to appeal to the UK Supreme Court.
- ValueLicensing sued Microsoft in 2021 for £270 million over surplus Office licenses.
- Microsoft may apply directly to the Supreme Court within 28 days.
- A consent order refers to an undisclosed file as a “Known Adverse Document.”