Montreal, June 17, 2019 (GLOBE NEWSWIRE) – I-MED Pharma Inc., a Canadian company specializing in dry eye diagnosis and management, announced today that the Canadian Federal Court of Appeal confirmed that TearLab’s efforts to keep the I-PEN® Osmolarity System off the market are without merit. The Court of Appeal dismissed TearLab’s appeal of the 2018 judgment of the Federal Court and agreed that TearLab’s Canadian Patent 2,494,540 is invalid.
In February 2016, TearLab brought a suit in the Federal Court of Canada alleging that the I-PEN® Osmolarity System, sold in Canada by I-MED Pharma, infringed Canadian Patent No. 2,494,540. TearLab sells the TearLab Osmolarity System in Canada.
In a February 2018 judgment, the Federal Court found in I-MED Pharma’s favour, invalidating each and every claim of the patent that TearLab relied upon to block the sale of the I-PEN® Osmolarity System in Canada.
On June 13, 2019, the Federal Court of Appeal unanimously rejected TearLab’s appeal of the Federal Court judgment, with costs awarded to I-MED Pharma.
“This decision confirms I-MED Pharma’s right to offer an affordable, reliable, efficient, hand-held device for use by eye-care professionals when diagnosing and monitoring dry eye disease”, said Daniel Hofmann, CEO of I-MED Pharma. “We have invested significant time and resources in order to deliver an innovative and game-changing product to our customers. Our market share is growing, as more eye-care professionals realize the benefits of screening dry eye with osmolarity and more specifically with the I-PEN®. Today’s judgment of the Federal Court of Appeal reaffirms our right to sell the I-PEN® Osmolarity System and compete freely in the marketplace.”
I-MED Pharma is a privately held Canadian company, headquartered in Montreal, Quebec, servicing Canadian ophthalmologists, optometrists and the global eye care community. Established thirty years ago, I-MED Pharma Inc. creates and distributes innovative medical, surgical and veterinary eye care products. It continually researches, develops and sources the most effective and advanced solutions to eye disorders like cataracts, corneal degenerations, glaucoma, dry eye and meibomian gland disease.
I-MED Pharma is proud to have been at the forefront of managing Dry Eye Syndrome as a serious disease and invests heavily in researching and developing effective dry eye products.