In most jurisdictions, copyright owners face numerous challenges when seeking to enforce their rights against media pirates, including with regard to ongoing harm pending judgment, proving damages and unscrupulous defendants destroying evidence or failing to comply with court orders. However, in a series of recent decisions, the Federal Court granted various extraordinary remedies against media pirates, making Canada an attractive forum for copyright owners to litigate such cases.
A recent costs award to Dow Chemical appears to be the largest reported award that the Federal Court has ever granted in an action for patent infringement. It follows a recent trend of the Federal Court, in appropriate cases, of granting costs in excess of those that might be typically calculated under the Tariff of the Federal Courts Rules, to better reflect the actual costs of litigation.
The Federal Court has found certain claims of AstraZeneca's patent for LOSEC valid and infringed by Apotex's manufacture, promotion and sale of Apo-Omeprazole capsules in Canada and elsewhere. The decision is noteworthy for several reasons, including its unique and lengthy background, a US connection and the variety of issues raised.