The Federal Court of Appeal of Canada (the Court) recently dismissed the appeal in Apotex Inc. v Shire LLC, 2021 FCA 52. This was an appeal of a decision holding that the claims of Canadian Patent No. 2,527,646 (CA 646), directed to L-lysine-d-amphetamine (LDX), were valid. In this decision, the Court outlined that a selection patent is subject to the same requirements and vulnerable to the same attacks as any other patent, and in particular, that the validity analysis does not change depending on whether the patent was classified as a selection patent.