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 patents as the defendants did not put validty at issue. The Court then construed the patents and considered the evidence of infringement.

The Court found that one defendant was liable for infringing both patents. The second defendant was only found liable for infringing one of the patents as the Court held that it had never been served with the amended Statement of Claim alleging infringement of the second patent. The Court also found inducement to infringe with respect to one of the defendants. An injunction was granted against one of the defendants, as the other has made an assignment in bankruptcy. Damages were deferred to be determined by a Prothonotary at a later date.