Tearlab Corporation v. I-MED Pharma Inc., 2019 FCA 179
Justice Nadon; Justice Gleason; Justice de Montigny - 2019-06-13
Read full decision. Automatically generated summary:
The appellant TearLab appeals from a judgment of the Federal Court (Manson J.) dated February 12, 2018 (2018 FC 164), which dismissed TearLab’s action for infringement against the respondent I-MED with respect to the ‘540 Patent. The Federal Court held that I-MED infringed certain claims of the ‘540 Patent, but that these claims were invalid due to anticipation and obviousness. The appellant essentially argues that the judge erred in not construing the claims of the ‘540 Patent in a purposive manner, which error, it says, led him to conclude that the claims at issue were both anticipated and obvious. For the reasons that follow, I would dismiss the appeal.
Decision relates to:
- A-86-18 - TEARLAB CORP v I-MED PHARMA INC and other which is an appeal from 2018 FC 164 in T-300-16