Shire successfully defends Canadian VYVANSE® patent against Apotex's impeachment attacks

29 June 2018

Apotex Inc. v. Shire LLC and Shire Pharma Canada ULC, 2018 FC 637

On June 29, 2018, the Federal Court, after a 17-day trial presided over by Justice Fothergill, issued its public judgment and reasons on a dispute involving Apotex's invalidity allegations regarding Shire's Canadian Patent 2,527,646 covering the active ingredient in Shire's ADHD medication VYVANSE®.

Fothergill J. rejected Apotex's invalidity allegations, holding that each of the claims in issue of the 646 Patent are not invalid on any of the grounds of obviousness, anticipation, overbreadth, or insufficiency of specification. Shire also succeeded in obtaining an order prohibiting the Minister of Health from issuing a Notice of Compliance to Apotex for its proposed Apo-Lisdexamfetamine product.

Gowling WLG represented Shire LLC and Shire Pharma Canada ULC with a team that included Jay Zakaib, Jennifer Wilkie, Alex Gloor, Adam Heckman and Justin Smith, with the assistance of student-at-law Cole Meagher.

Read our detailed case commentary.


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