The appellant appealed the dismissal of its copyright infringement action and the assessment of damages awarded to the respondents under an undertaking given for an interlocutory injunction.
The appellant alleged the respondents' computer program infringed its copyright.
The trial judge found no copying of protectable expression, noting that similarities were dictated by functional considerations or were not protectable by copyright.
The Court of Appeal upheld the trial judge's findings on copyright infringement, including the application of the idea/expression dichotomy and the merger doctrine.
The Court also upheld the damages award of over $6.8 million for losses caused by the interlocutory injunction, finding the damages were reasonably foreseeable and caused by the injunction.
The appeal was dismissed.
