Galderma Successful In Judicial Review Of PMPRB Decision On Differin

On November 9, the Federal Court issued its ruling on the judicial review of a decision by the Patented Medicine Prices Review Board (PMPRB) regarding the drug product Differin (adapalene), marketed by Galderma Canada Inc (Galderma). ¹ The Court reaffirmed the correct approach to determining whether PMPRB has jurisdiction over the price of a drug and, in particular, whether an invention "pertains" to a medicine.

What You Need To Know

• In determining whether PMPRB has jurisdiction over the price of a medicine, the question is whether the invention described in a patent is intended or capable of being used for that medicine. The PMPRB erred in its analysis by neglecting to determine the invention of the patent in question.