In June 2021, Apotex sought leave to appeal a decision of the Federal Court of Appeal(1) 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 7 October 2021, the Supreme Court of Canada denied leave to Apotex.(2)
For further information on this topic please contact Andrea Berenbaum at Smart & Biggar by telephone (+1 416 593 5514) or email ([email protected]). The Smart & Biggar website can be accessed at www.smartbiggar.ca.