File Wrapper Estoppel in Canada
Eli Lilly v. Mylan 2015 FC 125 (de Montigny J; 2,371,684 – tadalafil dosage form – CIALIS) This case confirms the possibility that some actions taken during prosecution can be used to interpret the scope of a claim. Facts The patent in question relates to pharmaceuticals and in particular to dosage regimes. The patent included the following claim: 1. A pharmaceutical unit dosage form comprising about 1 to about 20 mg of a compound having the structural formula: said unit dosage form being suitable for oral administration. Issue A question arose as to whether a maximum daily dosage of 20mg should be considered to beRead More →