University of California v. I-Med Pharma Inc., 2016 FC 350
Justice Russell - 2016-03-24
Read full decision. Summary prepared by Alan Macek:
The plaintiffs sought an interim injunction in a patent infringement action. A hearing for an interlocutory injunction is being scheduled for April or May 2016. The patent at issue was entitled "Tear Film Osmometry". The plaintiff had obtained approval for their medical device and educated clinicians on their technology. The defendants are planning on launching their lower priced product soon. The Court found that the plaintiff did not meet the test for irreparable harm or balance of convenience. The court found that the plaintiff's fear of unquantifiable loss needed objective support from someone with the expertise to say that it cannot be quantified. The plaintiff's affiants were found not to have the appropriate expertise. The defendant's expert was found to be well qualified on the quantification problem and testified that it could be quantified. The motion for an interim injunction was denied and the issue of costs deferred.
Decision relates to:
- T-300-16 - THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND OTHER v. I-MED PHARMA INC.