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ARTICLE · 06 JULY 2020

Déjà Vu: PMPRB Asserts Jurisdiction Over Galderma's Drug, Differin

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The PMPRB arrived at this conclusion after the FCA invited it to reconsider the issue based on factors not addressed by the Board at first instance...

CanadaIntellectual Property
Eileen McMahon
Eileen McMahon
Andrew Shaughnessy
Andrew Shaughnessy
Teresa Reguly
Teresa Reguly
Stacey Reisman
Stacey Reisman
Zhonghui (Sue) Fei
Zhonghui (Sue) Fei
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After the Federal Court of Appeal (FCA) returned a case to it for redetermination, the Patented Medicine Prices Review Board (PMPRB) confirmed, again, that it has jurisdiction over Differin (adapalene, 0.1% concentration), a medicine marketed by Galderma Canada Inc. (Galderma). The PMPRB arrived at this conclusion after the FCA invited it to reconsider the issue based on factors not addressed by the Board at first instance1.

What you need to know

  • The sole issue for the PMPRB on redetermination was whether the invention of the 237 patent—which claims use of 0.3% adapalene and a pharmaceutical composition comprising 0.3% adapalene—pertains to the medicine, Differin which contains a formulation of 0.1% adapalene. By the time the case left the Federal Court of Appeal, it was clear that the 237 patent claims the formulation of 0.3% adapalene marketed as Differin XP. So, the thrust of the Board's decision was to explain if, and how, the 237 patent pertained to

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