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.

In our latest article, Lesley Caswell & Mary Murray of Aitken Klee LLP cover a rare federal court ruling where two AP&C patents related to metal powder manufacturing were invalidated for ambiguity. In this legal battle, the court's decision hinged on the unclear definition of a key patent term, setting a precedent in patent law. Dive into the full article to uncover the details of this landmark case and its implications for the industry.

Navigating the patent prosecution process can be a complex journey, especially for individual inventors and start-ups. Strong communication between patent agents and inventors is crucial to ensure a smooth and successful process. In this blog, (written by Chris Peng and adapted from an insightful IPIC Webinar by Richard Mar, Ilya Kalnish, and Tamara O’Connell), we explore essential strategies for agents to enhance their communication with inventors.

In the pharmaceutical area, the issue of inducing infringement is an important one.  Consider the fact situation: A brand company obtains a basic patent on a new compound...

IP Conciliation Proceeding is a tool available in Japan, aiming to resolve an IP dispute between parties in a speedy manner based on the proposition that parties have agreed to bring their dispute through IP Conciliation and have engaged in negotiation prior to the proceeding. IP Conciliation Proceeding is different from litigation and provisional disposition.