Nelson Godfrey

Following the dismissal of the plaintiff's patent infringement action, the successful defendants sought their costs.

The Federal Court declined to award a lump sum based on actual fees, instead awarding costs to both defendants in accordance with the high end of Column IV of Tariff B, with double costs applied after the dates of their respective settlement offers.

Post-judgment interest was set at 2.5%.

The plaintiffs brought an ex parte motion for default judgment against the defendants for unauthorized use of their Tekla Structures software.

The court found that the plaintiffs provided sufficient evidence through anti-piracy tracking software to establish that the defendants repeatedly infringed copyright by using unlicensed copies.

The court granted the motion, ordering a permanent injunction, general damages based on notional licensing fees, punitive damages for blatant disregard, and costs.