Canada’s Intellectual Property Law Firm

Apotex seeks leave to appeal lisdexamfetamine patent decision

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).

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