Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2024 FC 1198
Date08 August 2024

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5 practice notes
  • Alexion Pharma v. Amgen Canada
    • Canada
    • Federal Court (Canada)
    • May 12, 2025
    ...General Tire & Rubber Co v Firestone Tyre & Rubber Co, [1972] RPC 457 at 486; Takeda at para 152; Boehringer Ingelheim v JAMP, 2024 FC 1198 at para [62] As noted in Takeda at paragraph 153, disclosure may be made without any recognition of what is present or what is happening: see A......
  • Adeia Guides Inc. v. Videotron Ltd., 2025 FC 1725
    • Canada
    • Federal Court (Canada)
    • November 14, 2025
    ...only the claims of the earlier patent and the CGK may be considered; any other prior art must be disregarded (Boehringer v JAMP, 2024 FC 1198 at paras 163, 168; Mylan v Eli Lilly, 2016 FCA 119 at para D. Infringement [50] A patented invention is used if “the defendant’s activity deprived th......
  • AGI Suretrack, LLC v. Farmers Edge Inc, 2025 FCA 134
    • Canada
    • Court of Appeal (Canada)
    • July 29, 2025
    ...to consider whether any of the elements were essential or nonessential” (Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation, 2024 FC 1198, at para. 105 [Boehringer]). Furlanetto J. noted this lack of expert evidence, and the patentee’s inconsistent position on essentiality, in he......
  • Canadian Patent Law 2024: A Year In Review
    • Canada
    • Mondaq Canada
    • January 28, 2025
    ...Inc, 2024 FC 424. Indeed, including the term "about" may prove important. In Boehringer Ingelheim (Canada) Ltd v Jamp Pharma Corporation, 2024 FC 1198, one of the issues considered by the Federal Court was the scope of a claim defining components of a formulation in weight percentage amount......
  • Get Started for Free
3 cases
  • Alexion Pharma v. Amgen Canada
    • Canada
    • Federal Court (Canada)
    • May 12, 2025
    ...General Tire & Rubber Co v Firestone Tyre & Rubber Co, [1972] RPC 457 at 486; Takeda at para 152; Boehringer Ingelheim v JAMP, 2024 FC 1198 at para [62] As noted in Takeda at paragraph 153, disclosure may be made without any recognition of what is present or what is happening: see A......
  • Adeia Guides Inc. v. Videotron Ltd., 2025 FC 1725
    • Canada
    • Federal Court (Canada)
    • November 14, 2025
    ...only the claims of the earlier patent and the CGK may be considered; any other prior art must be disregarded (Boehringer v JAMP, 2024 FC 1198 at paras 163, 168; Mylan v Eli Lilly, 2016 FCA 119 at para D. Infringement [50] A patented invention is used if “the defendant’s activity deprived th......
  • AGI Suretrack, LLC v. Farmers Edge Inc, 2025 FCA 134
    • Canada
    • Court of Appeal (Canada)
    • July 29, 2025
    ...to consider whether any of the elements were essential or nonessential” (Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation, 2024 FC 1198, at para. 105 [Boehringer]). Furlanetto J. noted this lack of expert evidence, and the patentee’s inconsistent position on essentiality, in he......
2 firm's commentaries
  • Canadian Patent Law 2024: A Year In Review
    • Canada
    • Mondaq Canada
    • January 28, 2025
    ...Inc, 2024 FC 424. Indeed, including the term "about" may prove important. In Boehringer Ingelheim (Canada) Ltd v Jamp Pharma Corporation, 2024 FC 1198, one of the issues considered by the Federal Court was the scope of a claim defining components of a formulation in weight percentage amount......
  • Let's Talk About 'about" And Numerical Data
    • Canada
    • Mondaq Canada
    • March 21, 2025
    ...to a Federal Court Decision in Canada Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation, issued on Aug. 8, 2024, Citation 2024 FC 1198, which is a recent decision involving interpretation of numerical data in claims (including single numbers and number See document.do We discuss......