Apotex Inc v. Shire LLC
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2018 FC 637 |
| Date | 29 June 2018 |
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19 practice notes
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Allergan Inc. v. Apotex Inc.
...trial and error to enable the PSA to use the invention does not render the disclosure of a patent insufficient (Apotex Inc v Shire LLC, 2018 FC 637 at para 151; Teva Canada Limited v Leo Pharma Inc, 2017 FCA 50 at paras 55-56, 60; Teva Canada Ltd v Pfizer Canada Inc, 2012 SCC 60 at para......
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Amgen Inc. v. Pfizer Canada ULC
...than an expectation that what was being tried ought to work (at paras 26, 28, 298 and 300). [364] Finally, in Apotex Inc v Shire LLC, 2018 FC 637, the invention involved the chemical modification of a known drug into a prodrug, which was metabolized and released as the active drug at a stab......
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Aux Sable Liquid Products LP v. JL Energy Transportation Inc.
...also demonstrates allegations of overbreadth being considered subsequent to the decision in AstraZeneca (see Apotex Inc. v Shire LLC, 2018 FC 637 at paras 146-148). [64] JL Energy submits that the arguments raised by Aux Sable in support of its overbreadth allegation are similar to those it......
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Shire's Vyvanse Patent Valid And Infringed Federal Court Raises Key Patent Law Issues
...Introduction Apotex Inc. v. Shire LLC, 2018 FC 637 ("Vyvanse"), Justice Fothergill of the Federal Court dismissed Apotex's action to impeach Shire's patent covering its drug Vyvanse. Vyvanse contains the active ingredient lisdexamfetamine, a prodrug of the central nervous system stimulant d......
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10 cases
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Allergan Inc. v. Apotex Inc.
...trial and error to enable the PSA to use the invention does not render the disclosure of a patent insufficient (Apotex Inc v Shire LLC, 2018 FC 637 at para 151; Teva Canada Limited v Leo Pharma Inc, 2017 FCA 50 at paras 55-56, 60; Teva Canada Ltd v Pfizer Canada Inc, 2012 SCC 60 at para......
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Amgen Inc. v. Pfizer Canada ULC
...than an expectation that what was being tried ought to work (at paras 26, 28, 298 and 300). [364] Finally, in Apotex Inc v Shire LLC, 2018 FC 637, the invention involved the chemical modification of a known drug into a prodrug, which was metabolized and released as the active drug at a stab......
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Aux Sable Liquid Products LP v. JL Energy Transportation Inc.
...also demonstrates allegations of overbreadth being considered subsequent to the decision in AstraZeneca (see Apotex Inc. v Shire LLC, 2018 FC 637 at paras 146-148). [64] JL Energy submits that the arguments raised by Aux Sable in support of its overbreadth allegation are similar to those it......
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Les Laboratoires Servier v. Apotex Inc.
...and the applicable law varies. I share the view to that effect expressed by my colleague Justice Fothergill in Apotex Inc v Shire LLC, 2018 FC 637. [303] In the end, I must conclude that Apotex’s allegation of obviousness of the claims of the '825 Patent is justified. Servier has not discha......
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9 firm's commentaries
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Shire's Vyvanse Patent Valid And Infringed Federal Court Raises Key Patent Law Issues
...Introduction Apotex Inc. v. Shire LLC, 2018 FC 637 ("Vyvanse"), Justice Fothergill of the Federal Court dismissed Apotex's action to impeach Shire's patent covering its drug Vyvanse. Vyvanse contains the active ingredient lisdexamfetamine, a prodrug of the central nervous system stimulant d......
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2018 Year In Review: Life Sciences
...the skilled person. This decision is currently under appeal. Infringement: Experimentation is not patent infringement Apotex Inc v Shire, 2018 FC 637 ("Apotex"), another proceeding under the PM(NOC) regulations, involved Shire's ADHD drug Vyvanse® versus Apotex's generic lisdexamfetamine ("......
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Rx IP Update - July 2018
...lisdexamfetamine (LDX) product (Shire’s VYVANSE) until the expiry of Canadian Patent No. 2,527,646 (646 Patent): Apotex Inc v Shire LLC, 2018 FC 637. The prohibition application had been consolidated with Apotex’s action seeking a declaration of invalidity and non-infringement and was decid......
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Shire's VYVANSE Patent Valid, Prohibition Order Issued
...lisdexamfetamine (LDX) product (Shire's VYVANSE) until the expiry of Canadian Patent No. 2,527,646 (646 Patent): Apotex Inc v Shire LLC, 2018 FC 637. The prohibition application had been consolidated with Apotex's action seeking a declaration of invalidity and non-infringement and was decid......
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