Intellectual Property Weekly Abstracts Alert (week of December 6, 2010)

Editors: Chantal Saunders and Beverley Moore

ACTIONS

Infringement Found in Default Judgment

Glaston Services Ltd. Oy v. Horizon Glass & Mirror Ltd. et al

This lawsuit involves two patents describing a method and apparatus for bending and tempering glass sheets. Neither defendant filed a Statement of Defence with the Court. The plaintiffs filed a motion for default judgment. The Court, at that time, granted an interlocutory injunction and ordered a one day trial with leave to read in the affidavits from the default judgment motion as evidence at trial as long as the affiants were available to answer questions. These reasons are the result of that trial.

The Court held that, in a motion for default judgment, every allegation must be treated as denied. Thus, evidence must be led to enable the Court to find on a balance of probabilities that infringement has occurred. The Court held that the plaintiffs can benefit from the presumption of validity of the