Orpheus Medica v. Deep Biologics Inc., 2020 ONSC 4974


Read full decision. Summary prepared by Alan Macek:

The plaintiff sought an interlocutory order extending the interim injunction until trial as well as the following additional relief: (a) An Order preventing Deep Biologics from directly or indirectly competing with Orpheus in the development of a COVID-19 rapid, handheld diagnostic device. ... In my view, based upon the record before me, Orpheus has not established a substantial issue to be tried, let alone a strong prima facie case that the defendants have misappropriated and are using any of the Orpheus Purported Confidential Information. ... I find that the balance of convenience strongly favours the defendants and is not offset by the alleged irreparable harm which the plaintiff says it will suffer if the interlocutory injunction is not granted ... The motion is dismissed.


Canadian Intellectual Property