Summary Judgments in Copyright Claims: The War Has Changed
Courts are progressively moving away from their passive caution in matters of patent or copyright infringement where serial infringers are thriving on the slowness and inefficiency of the justice system to keep infringing in the course of proceedings. One way to curtail the modus operandi of Canadian infringers who rarely have a valid defence as they don’t need it until a case is heard on the merits, is to cut short litigation by several years and issue summary judgments against such infringers. (see ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122)
