2 total
Motion to dismiss a summary trial motion pre-emptively is rejected; extending hearing days granted.
The plaintiffs sought to dismiss or adjourn the defendant's motion for summary trial in a patent infringement action.
The Court held that the defendant was entitled to bring the motion as of right and that the appropriateness of summary trial should be determined at the hearing itself, not pre-emptively.
The Court refused to adjourn the summary trial until after oral discovery, noting it is not a precondition.
The Court did grant an extension of the summary trial hearing from three to five days on consent.
Corporate director not personally liable for music royalty accounting; performing rights included in co-publishing revenues.
The appellants appealed a judgment confirming a Master's report on an accounting of music royalties for the song 'When I Am With You'.
The Court of Appeal dismissed the corporate publisher's appeal regarding the calculation of co-publishing revenues and prejudgment interest.
However, the Court allowed the appeal of the corporation's directing mind, finding no basis to pierce the corporate veil and hold him personally liable.
The Court also allowed the respondents' cross-appeal, finding that performing rights royalties should be included in the calculation of co-publishing revenues based on the plain meaning of the agreement and the parties' prior conduct.
