As previously reported,
the Federal Court of Appeal dismissed Apotex’s appeal from a decision holding 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 May 10, 2021, Apotex applied to the Supreme Court of Canada for leave to appeal (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.
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