TEARLAB CORPORATION v I-MED PHARMA INC, 2016 FC 606
2016-05-31
Read full decision. Summary prepared by Alan Macek:
[Not published by FC but relates to 2017 FCA 8] The Plaintiff, TearLab Corporation [TearLab], seeks an interlocutory injunction to prevent the Defendant, I-MED Pharma Inc. [I-MED], from selling its i-Pen osmolarity measuring device and i-Pen microchip Single Use Sensors [collectively, the i-Pen System] pending determination at trial on the issues of patent infringement and validity. I-MED also seeks security for costs in defending against both the action and the interlocutory injunction, as neither of the Plaintiffs is ordinarily resident in Canada. ... An interlocutory injunction is an extraordinary remedy. For the reasons provided, given the lack of clear and not speculative evidence of irreparable harm, and the above consideration of the balance of convenience, the application for an interlocutory injunction is dismissed.