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ARTICLE · 07 AUGUST 2020

On Redetermination, PMPRB Concludes That Galderma's Patent ‘pertains To' DIFFERIN

Smart & Biggar
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On May 7, 2020, the Patented Medicines Prices Review Board (PMPRB or Board) ordered Galderma to file prescribed sales and financial information for DIFFERIN (0.1% adapalene) until the expiry of the 237 patent .

CanadaIntellectual Property
Urszula Wojtyra
Urszula Wojtyra
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On May 7, 2020, the Patented Medicines Prices Review Board (PMPRB or Board) ordered Galderma to file prescribed sales and financial information for DIFFERIN (0.1% adapalene) until the expiry of the 237 patent (2,478,237), which claims compositions containing 0.3% adapalene. The Board's decision is the redetermination that was ordered by the Federal Court of Appeal (FCA) in June 2019 (previously reported here) on the threshold jurisdictional question of whether the 237 patent pertains to DIFFERIN.

Background

Galderma has marketed two different adapalene products: DIFFERIN  (0.1% adapalene) and DIFFERIN XP (0.3% adapalene). The FCA determined that the invention of the 237 patent was the use of a 0.3% concentration of adapalene for the treatment of dermatological disorders, and remitted to the Board the question of whether the invention of the 237 patent pertained to DIFFERIN (see our article here regarding the FCA decision and further relevant background). The

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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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