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ARTICLE · 28 AUGUST 2021

FCA Remits Pricing Decision On ALEXION'S SOLIRIS To PMPRB

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In September 2017, the Patented Medicine Prices Review Board (PMPRB or Board) decided that Alexion's SOLIRIS (eculizumab) was sold at an excessive price.

CanadaIntellectual Property
Smart & Biggar
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Update: On September 29, 2021, Canada applied to the Supreme Court of Canada for leave to appeal (Docket No. 39858).

In September 2017, the Patented Medicine Prices Review Board (PMPRB or Board) decided (see article here) that Alexion's SOLIRIS (eculizumab) was sold at an excessive price. The Federal Court dismissed Alexion's application for judicial review (see article here). On July 29, 2021, the Federal Court of Appeal (FCA) set aside the Federal Court's decision and remitted the matter to the Board for redetermination. In doing so, the FCA heavily criticized the Board for its lack of transparency in departing from the Guidelines and found that the Board has misunderstood its mandate, which is directed at controlling patent abuse, not reasonable pricing, price-regulation or consumer protection at large: Alexion Pharmaceuticals Inc. v Canada (Attorney General), 2021 FCA 157.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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