Tearlab Corporation v. I-Med Pharma Inc., 2017 FCA 8
Justice Boivin; Justice Scott; Justice de Montigny - 2017-01-12
Read full decision. Automatically generated summary:
This is an appeal by TearLab Corporation (TearLab) against an order of the Federal Court rendered by Manson J. (the Judge) on May 31, 2016 (2016 FC 606) dismissing TearLab’s motion for an interlocutory injunction to prevent the sale of the i-Pen by I-MED Pharma Inc. (I-MED), pending the determination at trial of TearLab’s patent infringement claim. ... There is only one issue raised by this appeal: Did the Judge err in his application of the legal principles and assessment of the evidence when he denied TearLab’s motion for an interlocutory injunction for failing to meet the last two prongs of the RJR-MacDonald test? ... Despite the able representations of counsel for TearLab, I have not been convinced that the Judge committed a reviewable error of law, a misapprehension of the facts or an inappropriate weighing of the evidence warranting this Court’s intervention. The Judge reached a conclusion available to him on the record that was before him.
Decision relates to:
- A-199-16 - TEARLAB CORPORATION v I-MED PHARMA INC and other which is an appeal from a decision dated 2016-05-31 in T-300-16