Norton Rose Fulbright successfully advises I-MED Pharma in defence of diagnostic device patent action

Canada Press release - Business July 2019

Global law firm Norton Rose Fulbright’s Montreal office has advised I-MED Pharma on an appeal related to a patent infringement action brought against the Quebec-based eye care product specialist by American ophthalmic device company TearLab.

The Canadian Federal Court of Appeal recently upheld a lower court decision rendered in 2018 allowing I-MED Pharma to continue to market its I-PEN® Osmolarity System in Canada. TearLab sought to block the sale of the device citing alleged patent infringement.

I-MED had successfully asserted in Federal Court that the claims of TearLab’s patent that were allegedly infringed were invalid for obviousness and lack of novelty. The Federal Court of Appeal found that the trial judge committed no palpable and overriding error in concluding that the claims at issue were obvious, and unanimously confirmed the Federal Court’s conclusions, with costs awarded to I-MED Pharma.
Norton Rose Fulbright partner Brian Daley commented:

"This is a significant second victory in court for our client. We were pleased to support I-MED Pharma in fighting this action to assert its right to market its diagnostic device to Canadian eye care professionals."

The team included Brian Daley, Vanessa Rochester, Nikita Stepin, Jonathan Chong, Alexandra Daoud and Mathieu Leduc of the firm’s Montreal intellectual property practice.

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Caroline Arbour, Editorial Advisor
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