Federal Court of Appeal dismisses appeals brought by Apotex in respect of Takeda's Canadian VYVANSE® patent

On March 11, 2021, the Federal Court of Appeal dismissed two appeals brought by Apotex in respect of the validity of certain claims of Takeda's (as Shire) Canadian Patent No. 2,527,646 (the "646 Patent") which covers, inter alia, lisdexamfetamine (LDX), the active ingredient in Takeda's ADHD medication VYVANSE®.

At trial, the claims in issue of the 646 Patent were held to be valid in the face of Apotex's obviousness, anticipation, overbreadth, and insufficiency allegations. Apotex appealed in respect of obviousness and anticipation. The Federal Court of Appeal's comprehensive reasons affirm both the validity of the 646 Patent and foundational principles of selection patents, anticipation, and obviousness.

Jay Zakaib, Alex Gloor and Adam Heckman of Gowling WLG represented Takeda in this appeal and at the preceding trial.

Read our detailed case commentary.