Trimble Solutions Corporation v. Quantum Dynamics Inc.

Trimble Solutions Corporation v. Quantum Dynamics Inc.

Defendants were in default; the SmartFlow telemetry reports together with hostnames/usernames, geolocation linking devices to the defendants and the admission by Tannus established on a balance of probabilities that unlicensed copies of Tekla Structures v20.1 were repeatedly executed (constituting reproduction) and infringed Trimble's copyright; accordingly plaintiff entitled to declaration, permanent injunction, damages based on notional licence fees (limited by s.43.1), punitive damages for willful misconduct, costs and interest; Tannus liable jointly and severally.

Citation
2021 FC 63
Parties
Plaintiff: Trimble Solutions Corporation; Plaintiff: BuildingPoint Canada Inc.; Defendant: Quantum Dynamics Inc.; Defendant: Sharbel Tannus
Court
Federal Court
Jurisdiction
Canada
Judgment Date
19 January 2021
Procedural Posture
Copyright Infringement / Default Judgment (ex Parte Motion Granted)
Outcome
Default judgment for plaintiffs: declaration of copyright infringement and permanent injunction granted; general and punitive damages awarded; costs and interest awarded; defendants jointly and severally liable.
Legal Topics
Software Piracy, Default Judgment, Injunctions, Damages, Punitive Damages, Limitation Period, Pre Judgment Interest, Post Judgment Interest
Source Language
English
Intellectual Property Copyright Civil Procedure Software Piracy Default Judgment Injunctions Damages Punitive Damages +3 more

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Parties

Trimble Solutions Corporation

Plaintiff

BuildingPoint Canada Inc.

Plaintiff

Quantum Dynamics Inc.

Defendant

Sharbel Tannus

Defendant

Procedural Posture

Copyright Infringement / Default Judgment (ex Parte Motion Granted)

Legal Issues

  1. 1 Whether defendants were in default
  2. 2 Whether copyright subsists in Tekla Structures Version 20.1
  3. 3 Whether defendants infringed the copyright by executing unlicensed copies

Ratio Decidendi

Defendants were in default; the SmartFlow telemetry reports together with hostnames/usernames, geolocation linking devices to the defendants and the admission by Tannus established on a balance of probabilities that unlicensed copies of Tekla Structures v20.1 were repeatedly executed (constituting reproduction) and infringed Trimble's copyright; accordingly plaintiff entitled to declaration, permanent injunction, damages based on notional licence fees (limited by s.43.1), punitive damages for willful misconduct, costs and interest; Tannus liable jointly and severally.

Court Disposition

Default judgment for plaintiffs: declaration of copyright infringement and permanent injunction granted; general and punitive damages awarded; costs and interest awarded; defendants jointly and severally liable.

Orders

  • Declaration that Trimble Solutions Corporation owns copyright in Tekla Structures Version 20.1 and that the Defendants infringed that copyright
  • Permanent injunction restraining Defendants from further infringing, producing, reproducing, selling, renting or distributing the Copyrighted Works without plaintiffs' permission