In the recent case of Boehringer v JAMP, 2024 FC 1198, the Federal Court revisited the essential versus non-essential claim element test. Devin Doyle walks us through this pivotal case, centered around the patents for nintedanib capsules, explored whether the presence of lecithin in the formulation was a non-essential element. The Court’s decision provides significant insights into claim construction, emphasizing the importance of carefully interpreting patent language to determine the essentiality of claim elements.