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.
Related Publications & Articles
-
Class actions relating to opioid use disorder continue across Canada
There are multiple ongoing class actions in Canada against pharmaceutical companies related to Opioid Use Disorder (OUD) and its effects.Read More -
Federal Court finds patent ineligible for listing against SNDS
In Bayer Inc v Amgen Canada Inc, 2024 FC 1849, the Court granted a motion brought by Amgen for a declaration that Canadian Patent No. 3,007,276 (276 patent) was ineligible for inclusion on the Patent ...Read More -
Federal Court updates its Guidelines for Complex Proceedings
On November 28, 2024, the Federal Court updated its Case and Trial Management Guidelines for Complex Proceedings and Proceedings under the PM(NOC) Regulations and the accompanying Timetable Checklist ...Read More