Montreal advised I-Med against TearLab in its infringement for a tear osmolarity measuring system

February 13, 2018

Client: I-MED Pharma Inc.

Our Montreal office acted for I-MED Pharma Inc. in defence to TearLab Corporation's action for infringement of its patent pertaining to a tear osmolarity measuring system. I-MED successfully asserted that the claims of TearLab’s patent that were allegedly infringed were invalid for obviousness and lack of novelty. The Norton Rose Fulbright team also defeated a number of TearLab motions throughout the action, including for interim and interlocutory injunctions, to amend the statement of claim and to file rebuttal expert evidence. The team also won an appeal by TearLab of the refusal of its motion for interlocutory injunction. This victory allows our client to continue to market its i-Pen® Osmolarity System to Canadians. I-MED also won an order entitling it to recover its costs and disbursements from TearLab. This important victory cements Norton Rose Fulbright’s reputation as the leading Canadian firm for medical device patent litigation. The Montreal team was led by Brian Daley, Vanessa Rochester, Nikita Stepin and Jonathan Chong.