Earlier this month, the Ontario Superior Court issued a couple of judgments relating to foreign IP proceedings with Ontario parties. In Blizzard v. Simpson, 2012 ONSC 4312, foreign copyright damages and an injunction were enforced. In Agemian v. Pactiv LLC, 2012 ONSC 4571, an “anti-suit” injunction was rejected, allowing an Illinois action relating to a North American patent settlement to proceed.
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Noting that Blizzard’s investigators accessed the website in “the context of the investigation pursuant to the California Court order”, Justice Brown wrote:
 With respect to the Blizzard lawyers accessing Mr. Simpson’s map hack website and breaching the terms of his user agreement, Mr. Radhakant submitted that if infringers could protect themselves from infringement actions by posting terms and conditions on their websites, this would be an untenable position in IP law. I agree with the Applicant’s submissions, Mr. Simpson has not satisfied the onus of establishing any applicable defences to enforcement of the California judgment.”