Essential Elements and the Free World Trust Legacy: Where Are We Now?
The SCC’s decision in Free World Trust is shaping claim construction in Canada—how are courts applying it in today’s cases? Learn recent interpretations, including Boehringer v JAMP’s realignment with the Improver test, from pharma and non-pharma perspectives. Explore evidentiary and procedural challenges like expert testimony on essentiality, discovery implications, and the influence of s. 53.1 (file wrapper estoppel) as considered in JAMP. Hear how Canadian and UK jurisprudence have diverged since Improver and what that means for the future.
Camille Aubin ROBIC LLP (Montréal)
Jenene Roberts Goodmans LLP (Toronto)
Chantal Saunders Borden Ladner Gervais LLP (Ottawa)
Moderator: Daniel S. Davies Smart & Biggar LLP (Ottawa)
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