As previously reported, Apotex sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 52) affirming a Federal Court decision finding that the claims of a patent relating to lisdexamfetamine (Shire's VYVANSE) were valid and prohibiting the Minister of Health from issuing a Notice of Compliance to Apotex for its product until the patent's expiry. On October 7, 2021, the Supreme Court of Canada denied leave to Apotex (Apotex v Shire, Docket No. 39662).
Should you have any questions, please do not hesitate to contact a member of the Pharmaceutical Litigation Group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
