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ARTICLE · 22 JULY 2011

Drug Pricing & Reimbursement @ Gowlings - July 20, 2011

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The Federal Court, in a July 12, 2011 decision, in the case of Sanofi Pasteur Limited v. Attorney General of Canada 2011 FC 859 (T-83-10) ("Sanofi"), declared a decision of the Patented Medicines Price Review Board ("Board") to be null and void, and required the Board to return amounts paid by Sanofi pursuant to the Board’s order, and directing the matter back for reconsideration.

CanadaIntellectual Property

Federal Court Remits PMPRB Matter Back for Reconsideration

The Federal Court, in a July 12, 2011 decision, in the case of Sanofi Pasteur Limited v. Attorney General of Canada 2011 FC 859 (T-83-10) ("Sanofi"), declared a decision of the Patented Medicines Price Review Board ("Board") to be null and void, and required the Board to return amounts paid by Sanofi pursuant to the Board's order, and directing the matter back for reconsideration.  

Sanofi had challenged, by way of judicial review, the Board's decision on the remedy it directed in respect of a finding of excessive pricing for the period 2002 to 2006 in respect of the medicines PENTACEL and QUADRACEL.  The Board had ordered Sanofi to offset its revenues earned.  The decision of the Board (amended March 1, 2010) can be found at: http://www.pmprb-cepmb.gc.ca/cmfiles/Quadracel-Pentacel-Merits-Reasons-D5-Amended-March-1-2010.pdf).  Notably, there was a difference in the "remedy" ordered by the Board in the

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