Louisville Bedding Co. v. Kwilt-Kraft Industries Ltd.
T-749-94
McKeown J.
20/5/94
9 pp.
Motion for interim and interlocutory injunction restraining defendant from manufacturing or selling mattress cover in infringement of patent -- Serious issue to be tried as affidavit in support of invalidity of patent unsatisfactory -- Improper to have affidavit from partner in firm of patent agents which is in partnership with lawyers for client for whom expert affidavit produced -- Also in view of fact affiant not expert in technology in question -- Issue of irreparable harm resolved in favour of plaintiff as financial ability of defendant to pay damages raising concerns -- Defendant's existing financial structure would not permit payment of amount if damages awarded against it -- Balance of convenience favouring plaintiffs -- Injunction granted.