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Supreme Court of Canada denies leave regarding lisdexamfetamine patent decision

Authored byAndrea Berenbaum

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).

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