Tearlab Corporation v. I-MED Pharma Inc., 2019 FCA 179
| Court | Federal Court of Appeal (Canada) |
| Case Date | June 13, 2019 |
| Jurisdiction | Canada (Federal) |
| Citations | 2019 FCA 179 |
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33 practice notes
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...limitation in the claims is “a self inflicted wound” (Free World Trust, para 51, cited recently in Tearlab Corporation v I-MED Pharma Inc, 2019 FCA 179 [Tearlab] at para 32 and, in particular on the notion of essential vs. non-essential claims, Easton Sports Canada Inc. v Bauer Hockey Corp.......
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Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816
...as it then read, promotes adherence to the language of the claims. [164] In a more recent decision, the FCA in Tearlab v I-MED Pharma Inc, 2019 FCA 179 at para 47 [Tearlab FCA] approved the trial judge’s construction and his adherence to the words of the claims. The trial judge refused to a......
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Eli Lilly Canada Inc. v. Apotex Inc., 2020 FC 814
...as it then read, promotes adherence to the language of the claims. [109] In a more recent decision, the FCA in Tearlab v I-MED Pharma Inc, 2019 FCA 179 at para 47 [Tearlab FCA] approved the trial judge’s construction and his adherence to the words of the claims. The trial judge refused to a......
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WESTERN OILFIELD EQUIPMENT RENTALS LTD. and FP MARANGONI INC. v. M-I L.L.C., 2021 FCA 24
...such evidence by the trial judge is reviewed on a standard of palpable and overriding error: see Tearlab Corporation v. I-MED Pharma Inc., 2019 FCA 179, 166 C.P.R. (4th) 367 at para. 29. Accordingly, even if I would not have reached the same conclusions on the expert evidence heard by the F......
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35 cases
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...limitation in the claims is “a self inflicted wound” (Free World Trust, para 51, cited recently in Tearlab Corporation v I-MED Pharma Inc, 2019 FCA 179 [Tearlab] at para 32 and, in particular on the notion of essential vs. non-essential claims, Easton Sports Canada Inc. v Bauer Hockey Corp.......
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Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816
...as it then read, promotes adherence to the language of the claims. [164] In a more recent decision, the FCA in Tearlab v I-MED Pharma Inc, 2019 FCA 179 at para 47 [Tearlab FCA] approved the trial judge’s construction and his adherence to the words of the claims. The trial judge refused to a......
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Eli Lilly Canada Inc. v. Apotex Inc., 2020 FC 814
...as it then read, promotes adherence to the language of the claims. [109] In a more recent decision, the FCA in Tearlab v I-MED Pharma Inc, 2019 FCA 179 at para 47 [Tearlab FCA] approved the trial judge’s construction and his adherence to the words of the claims. The trial judge refused to a......
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WESTERN OILFIELD EQUIPMENT RENTALS LTD. and FP MARANGONI INC. v. M-I L.L.C., 2021 FCA 24
...such evidence by the trial judge is reviewed on a standard of palpable and overriding error: see Tearlab Corporation v. I-MED Pharma Inc., 2019 FCA 179, 166 C.P.R. (4th) 367 at para. 29. Accordingly, even if I would not have reached the same conclusions on the expert evidence heard by the F......
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2 firm's commentaries
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2019 Life Sciences Year In Review
...that can impact the scope of the claims, and potentially lead to invalidity. The patent at issue in Tearlab Corporation v I-MED Pharma, 2019 FCA 179 ("Tearlab"), related to an invention used to measure the osmolarity of bodily fluids. The Federal Court found that the patent was invalid as b......
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Beyond A 'Reasonably Diligent Search' In An Obviousness Attack
...that this may not be the last word on the subject, as recently the Federal Court of Appeal in Tearlab Corporation v. I-MED Pharma Inc., 2019 FCA 179, appeared to accept that the reasonably diligent search test was The "Reasonably Diligent Search" Test The impeachment proceedings against the......