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)

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(1) 2021 FCA 52.

(2) Apotex v Shire, Docket No. 39662.