Apotex Inc v. Shire LLC, 2016 FC 1099 (Lisdexamfetamine*)
Proth. Tabib - 2016-10-03
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Shire LLC is the owner of Canadian Patent 2,547,646 entitled “Abuse Resistant Amphetamine Compounds”, said to cover Shire Pharma Canada ULC’s lisdexamfetamine dimesylate capsules sold under the name Vyvanse. ... In response to Apotex’s NOA, Shire filed an application for a prohibition order pursuant to section 6 of the PM (NOC) Regulations in Court file T-998-16 on June 24, 2016. Ten days later, Apotex commenced, in Court file T-1056-16, an action against Shire seeking a declaration that the ‘646 Patent is invalid and that its proposed lisdexamfetamine dimesylate tablets would not infringe any valid claim of the Patent. ... Citing the need for the just, most expeditious and least expensive determination of both proceedings on their merits, Shire asks the Court to partially consolidate the proceedings, so that they are heard at a common hearing, on common viva voce evidence, but subject to the parties’ ability to argue the admissibility or relevance of evidence to one or the other proceeding. ... I am satisfied that taking all circumstances into account, Shire’s proposal would lead to very significant savings of time and expense for both parties, represents the most efficient and judicious use of the Court’s resources, eliminates wasteful duplication and generally leads to the just, most expeditious and least expensive determination of both proceedings on their merits.
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