Montreal, February 20, 2018 (GLOBE NEWSWIRE) – On February 14th TearLab issued a press release indicating it will appeal after its defeat in a patent infringement action against I-MED Pharma Inc. in Canada. In the press release, it was stated “The I-PEN® did indeed infringe the TearLab patent; however, specific claims in the patent were deemed by the trial judge to be invalid. TearLab will appeal the finding of invalidity”. This statement may give a misleading impression of what the judge actually decided.
TearLab alleged that I-MED’s I-PEN® Osmolarity system infringed 10 claims of TearLab’s Canadian Patent. The judge ruled that all 10 of the claims asserted by TearLab are invalid. The judge stated that it would have been obvious to combine available information “to create a device that can be used both in vivo and ex vivo, and includes a separate or onboard processing unit, to measure osmolarity of tear fluid”. As the judge noted, “by broadly claiming both in vivo and ex vivo applications, for any bodily fluids, without limitations that have been expressed in the disclosure, the Plaintiffs [TearLab] have invited the validity problems…”. In Canadian patent law, an obvious patent claim is null and unenforceable; as if it never existed. The I-PEN® does not infringe any valid claim of the TearLab Patent.
I-MED decisively won this case, is free to continue offering the I-PEN® Osmolarity System to its customers and is entitled to recover its costs from TearLab. Please contact I-MED if you wish to receive a copy of the judgment and see for yourself.
I-MED Pharma Inc. is a privately held Canadian company, headquartered in Montreal, Quebec, servicing Canadian ophthalmologists, optometrists and the global eye care community. Established almost thirty years ago, I-MED Pharma creates and distributes innovative medical, surgical and veterinary eye care products worldwide. It continually researches, develops and sources the most effective and advanced solutions to eye disorders like cataracts, corneal degeneration, dry eye, glaucoma and Meibomian gland disease.
I-MED Pharma is proud to have been at the forefront of treating Dry Eye Syndrome as a serious disease and invests heavily into education and developing effective dry eye products. I-MED Pharma’s ocular surface disease product range includes diagnostic tools, ocular hygiene, nutrition, dry eye drops and ocular occlusion devices.