The Canadian Federal Court of Appeal confirmed that TearLab’s efforts to keep the I-PEN® Osmolarity System, marketed by I-MED Pharma, off the market are without merit. According to I-MED Pharma Inc., a Canadian company specializing in dry eye diagnosis and management, the Court of Appeal dismissed TearLab’s appeal of a 2018 judgment of the Federal Court and agreed that TearLab’s Canadian Patent 2,494,540 is invalid.
In February 2016, TearLab brought a suit alleging that the I-PEN® Osmolarity System, sold in Canada by I-MED Pharma, infringed its patent.
Two years after, the Court found in I-MED Pharma’s favour, invalidating all claims of the patent that TearLab relied upon to block the sale of the I-PEN®Osmolarity System in Canada.
On June 13, 2019, the Federal Court of Appeal unanimously rejected TearLab’s appeal of the Federal Court judgment, with costs awarded to I-MED Pharma.
Source : I-MED Pharma
